Agenda packet — Mayor and City Council, April 6, 2022 (part 1 of 6)

CITY OF SAN BERNARDINO

REVISED AGENDA

FOR THE

REGULAR MEETING OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS

THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN

BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, AND MAYOR

AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND

CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING

AUTHORITY
WEDNESDAY, APRIL 6, 2022
5:30 PM – CLOSED SESSION 7:00 PM – OPEN SESSION
FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG Theodore Sanchez John Valdivia Damon L. Alexander
COUNCIL MEMBER, WARD 1 MAYOR COUNCIL MEMBER, WARD 7
Sandra Ibarra
Robert D. Field
COUNCIL MEMBER, WARD 2 CITY MANAGER
Juan Figueroa Sonia Carvalho
MAYOR PRO TEM, WARD 3 CITY ATTORNEY
Fred Shorett Genoveva Rocha
COUNCIL MEMBER, WARD 4 CITY CLERK
Ben Reynoso
COUNCIL MEMBER, WARD 5
Kimberly Calvin
COUNCIL MEMBER, WARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino. o PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC
COMMENT OPTIONS OR CLICK ON THE FOLLOWING LINK:
https://sbcity.tiny.us/PublicCommentOptions
o Please contact the City Clerk’s Office (909) 384 -5002 two working days prior to the meeting for any requests for reasonable accommodation to include interpreters. o Si necesita un intérprete en Español comuníquese con la Secretaria Municipal 72 horas antes de la reunión del consejo. [email protected]
o To view PowerPoint Presentations, written comments, or any revised documents for this meeting date select the link (Insert link).
o From the City’s homepage www.sbcity.org select the Government category -> City Clerk -> on the Navigation menu select Search for Records Online -> Council Agendas -> Current Year 2021 -> Meeting Date
Regular Meeting Agenda April 6, 2022
Mayor and City Council of the City of San Bernardino Page 2 Printed 4/12/2022

CALL TO ORDER

Attendee Name Present Absent Late Arrived
Council Member, Ward 1 Theodore Sanchez   
Council Member, Ward 2 Sandra Ibarra   
Mayor Pro-Tem, Ward 3 Juan Figueroa   
Council Member, Ward 4 Fred Shorett   
Council Member, Ward 5 Ben Reynoso   
Council Member, Ward 6 Kimberly Calvin   
Council Member, Ward 7 Damon L Alexander   
Mayor John Valdivia   
City Manager Robert D. Field   
City Attorney Sonia Carvalho   
City Clerk Genoveva Rocha   

5:30 P.M.

CLOSED SESSION PUBLIC COMMENT

CLOSED SESSION
Closed Session
A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
a. Rick Garcia v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2014140
Requested by Risk
b. Ronald Alejandro Molina Santacruz v. City of San Bernardino, et al. , San Bernardino Superior Court Case No. CIVDS193924
Requested by Risk/Outside Counsel (BBK)
c. Andrea Miller v. City of San Bernardino , San Bernardino Superior Court Case No. CIVDS2015337
Requested by Risk

B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)): One Item
Requested by CAO

C) PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS - Discussion of Evaluation Procedures (Pursuant to Government Code Section 54957):

Titles: City Manager; City Attorney; and City Clerk
Per CM Office Request
Regular Meeting Agenda April 6, 2022
Mayor and City Council of the City of San Bernardino Page 3 Printed 4/12/2022

D) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): One Item - Notice of Claim, Montecito Equities, Ltd., dated November 20, 2020.

Per CM Office Request
7:00 P.M.

INVOCATION AND PLEDGE OF ALLEGIANCE

CLOSED SESSION REPORT

CITY MANAGER UPDATE

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS

PRESENTATIONS

1. Proclamation for National Library Week - April 3-9, 2022 (All Wards)

2. Proclamation for Donate Life Month - April 2022 (All Wards)

3. Volunteer Appreciation Month - April 2022 (All Wards)

4. 2021 Public Safety Report (All Wards)

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA

DISCUSSION

5. Ordinance Am ending Chapter 19.70.030 of the San Bernardino Municipal Code Exempting Students of Educational Institutions Engaged in Film -Making Activities from the Special Events Permit Fee
Recommendation
It is recommended that the Mayor and City Council of the City o f San Bernardino, California:

1. Introduce, read by title only, and waive further reading of Ordinance MC -1575 amending Chapter 19.70.030 of the San Bernardino Municipal Code to waive the Special Events permit fee for students conducting filmmaking activities; and

2. Adopt a Student Filmmaking Activities Special Events Permit Fee Policy Regular Meeting Agenda April 6, 2022
Mayor and City Council of the City of San Bernardino Page 4 Printed 4/12/2022

6. Ordinance - Property Maintenance Code (Vacant Building Board -Up Standards) (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1) Introduce, read by title only, and waive further reading of Ordinance No. MC - 1576 of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 15.05 (Property Maintenance Code) of Title 15 (Building s and Construction) of the City of San Bernardino Municipal Code adding Section

15.05.300 (Vacant Building Board -Up Standards); and finding the exemption under the California Environmental Quality Act; and

2) Schedule the adoption of the above Ordinance f or the regularly scheduled meeting of the Mayor and City Council on May 4, 2022.

7. Update on Organics Collection, Processing and Disposal Services Due to SB 1383 Short-Lived Climate Pollutants Mandate (All Wards) Recommendation
The Mayor and City Council to receive an update on the status of the City’s efforts to comply with the SB 1383 Short-Lived Climate Pollutants Mandate.

PUBLIC HEARINGS

8. Public Hearing on Annexation No. 12 to Community Facilities District 2019 -1 (Ward 3)
Recommendation
It is recomm ended that the Mayor and City Council of the City of San Bernardino, California:

1. Hold a Public Hearing;

2. Adopt Resolution No. 2022 -65 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qua lified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019 -1 (Maintenance Services) (Annexation No. 12);

3. Hold a special landowner election and canvass the election;

4. Adopt Resolution No. 2022 -66 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 12);

5. Introduce, read by title only, and wai ve further reading of Ordinance No. MC - 1577 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC -1522 and levying special taxes to be collected during Fiscal Year 2022 -23 to pay the annual costs of the maintena nce and servicing of landscaping, lighting, water quality improvements, graffiti, streets, Regular Meeting Agenda April 6, 2022
Mayor and City Council of the City of San Bernardino Page 5 Printed 4/12/2022 street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Fa cilities District No. 2019 -1 (Maintenance Services); and

6. Schedule the final reading and adoption of Ordinance No MC -1577 for May 4, 2022.

CONSENT CALENDAR

9. Approval of Mayor City Council Meeting Minutes
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the minutes from the January 19, and February 2, 2022, Regular Meeting of the Mayor and City Council.

10. Violence Intervention Program Contract Amendments (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to amend Professional Services Agreements with Hope Culture and Young Visionaries Youth Leadership Academy by increasing the amount of each agreement by $250,000, for a total of $500,000 of American Rescue Plan Act funds.

11. Amendment No. 1 to Professional Services Agreement with PlaceWorks for the Enhanced Public Participation Program (All Wards)
Recommendation
It is recommended that the M ayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with PlaceWorks for the enhanced Public Participation Program associated with the comprehensive Ge neral Plan update and Downtown Specific Plan.

12. City Board, Commission, and Citizen Advisory Committee Minutes Approved in February/March 2022
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in February and March 2022.

13. Professional Service Agreement with Matrix Consulting Group for a Comprehensive Fee Study (All Wards)
Recommendation
It is recomm ended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute a Professional Services Agreement between the City of San Bernardino and Matrix Consulting Group for a comprehensive fee study.

Regular Meeting Agenda April 6, 2022
Mayor and City Council of the City of San Bernardino Page 6 Printed 4/12/2022

14. Approval of Commercial and Payroll Disbursements (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for March 2022.

15. Investment Portfolio Report for February 2022 (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for February 2022.

16. Amendment to Stream, Kim, Hicks, Wr age & Alfaro Legal Service Agreement Re: Miller II (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute the First Amendment to the Legal Services Agree ment with Stream, Kim, Hicks, Wrage & Alfaro for representation in the San Bernardino Superior Court Case No. CIVDS2015337; and authorize the Director of Finance to amend the Purchase Order to Stream, Kim, Hicks, Wrage & Alfaro.

17. Amendment to Atkinson, Andelson, Loya, Ruud & Romo Legal Service Agreement Re: Miller II (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute the Second Amendment to the Legal Services Agreement with Atkinson, Andelson, Loya, Ruud & Romo for representation in the San Bernardino Superior Court Case No. CIVDS2015337; and authorize the Director of Finance to amend the Purchase Order to Atkinson, Andelson, Loya, Ruud & Romo.

18. Approving Job Classifications, Amending the Salary Schedule and the Fiscal Year 2021/22 Adopted Budget (All Wards)
Recommendation
Adopt Resolution No. 2022 -67 of the Mayor and City Council of the City of San Bernardino, California, approving the:

1. Deputy Director of Human Resources (U) job classification;

2. Deputy Director of Information Technology (U), reclassification from IT Operations Supervisor;

3. Grant Division Manager (U) job classification;

4. Grant Writer job classification;

5. Administrative Supervisor and Executive Assistant to the City Manager (U), reclassification from Executive Assistant to City Manager (U)

6. Procurement Contract Specialist, job classification;

7. Treasury Manager, reclassification from Treasury Supervisor;

8. Senior IT Technician, update the classification title only from IT Technician II;

9. Addition of four Code Enforcement Officers to the Community & Economic Development Department;
Regular Meeting Agenda April 6, 2022
Mayor and City Council of the City of San Bernardino Page 7 Printed 4/12/2022

10. Amendment of the City -wide salary schedule for full -time, part-time, temporary, and seasonal positions; and

11. Amendment to Fiscal Year 2021 -22 Adopted Budget by appropriating an additional $128,450.

19. Amendment to the Professional Services Agreement for Graves and King (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute the First Amendment to the Professional Services Agreement with Graves and King for representation in San Bernardino Superior Court Case No. CIVDS 2014140; an d authorize the Director of Finance to amend the Purchase Order to Graves and King.

20. Application for the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoors Access for All Act of 2018 Per Capita Program (Ward 6)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No.2022-68, approving the application for the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoors Access for All Act of 2018 Per Capita Program.

21. Hometown Heroes Military Banner Program Update (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file an update on the Hometown Heroes Military Banne r Program.

22. Resolution Declaring Intent to Annex Territory: CFD No. 2019 -1 Annexation No. 14 (Ward 3)
Recommendation
Adopt Resolution No. 2022 -69 the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex terr itory into Community Facilities District No. 2019 -1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 14) and authorizing the levy of special taxes therein.

23. Resolution Declaring Intent to An nex Territory: Community Facilities District No. 2019 -1 (Maintenance Services): Annexation No. 16, Tax Zone No. 17 (Belmont) (Ward 5)
Recommendation
Adopt Resolution No. 2022 -70 of the Mayor and City Council of the City of San Bernardino, California, decla ring its intention to annex territory into Community Facilities District No. 2019 -1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 16) and authorizing the levy of special taxes therein.

Regular Meeting Agenda April 6, 2022
Mayor and City Council of the City of San Bernardino Page 8 Printed 4/12/2022

24. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 17, Tax Zone No. 18 (G&M Oil #18) - (Ward 3)
Recommendation
Adopt Resolution No. 2022 -71 of the Mayor and City Council of the Cit y of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019 -1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 17) and authorizing th e levy of special taxes therein.

25. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2018-1 (Safety Services) Annexation No. 4, (Tract 20145) (Ward 5) Recommendation
Adopt Resolution No. 2022 -72 of the Mayor and City Counc il of the City of San Bernardino, acting as the legislative body of Community Facilities District No. 2018 - 1 of the City of San Bernardino (Safety Services), declaring its intention to consider annexing territory to Community Facilities District No. 2018 -1 of the City of San Bernardino (Safety Services).

26. Resolution to Initiate Preparation of Engineer's Report of Previously Formed Landscape and Lighting Maintenance Districts, Initiating Proceedings to Levy and Collect Assessments for Fiscal Year 2022/2023 (All Wards) Recommendation
Adopt Resolution No. 2022 -73 of the Mayor and City Council of the City of San Bernardino, California, initiating proceedings to levy and collect assessments for Fiscal Year 2022/23 in Assessment Districts pursuant to The Landsc aping and Lighting Act of 1972, appointing the Engineer of Record, and ordering preparation of Engineer's Reports.

27. Mount Vernon Bridge Replacement - Construction and Maintenance Agreement No. 22-1002699 (Wards 1,3)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Construction and Maintenance Agreement No. 22 -1002699 with the San Bernardino County Transportation Authority (SBCTA) and Southern California Regional Rail Authority (SCRRA) for the demolition, construction, and maintenance of the Mount Vernon Bridge.

28. Graffiti Abatement and Dilapidated Building Painting Program Assessment (All Wards)
Recommendation
It is recommended that the Mayor and City Counci l of the City of San Bernardino, California, receive and file a report regarding the assessment of utilizing in -house staff versus contracted staff for graffiti abatement and dilapidated building painting services.

Regular Meeting Agenda April 6, 2022
Mayor and City Council of the City of San Bernardino Page 9 Printed 4/12/2022

29. Agreement with Phoenix Group Information Systems (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute a Professional Services Agreement between Phoenix Group Information Systems and the Ci ty of San Bernardino for parking citation processing services; and authorize the Director of Finance to issue a purchase order to Phoenix Group Information Systems in an amount not to exceed $100,000 per fiscal year; and amend the budget each contract year if needed in an amount not to exceed 35% of the revenues collected through the Parking Citation Intercept programs.

30. First Amendment to the Professional Services Agreement with Axon Enterprise, Inc., for Body Worn Camera Services (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute the First Amendment to the Professional Services Agreement with Axon Enterprise, Inc., for body worn camera services; and authorize the Director of Finance to issue a purchase order to Axon Enterprise Inc. in an amount not to exceed $37,000.

31. Progressive Design Build - California Theatre Improvements Project (Ward 1) Recommendation
Adopt Resolution No. 2022 -74 of the Ma yor and City Council of the City of San Bernardino, California:

1. Accepting the California Arts Council Grant in the amount of $2,500,000;

2. Authorizing the Director of Finance to amend the FY2021/22 CIP to include California Theatre Improvements Proje ct (“Project”) in the total project cost amount of $2,500,000; and

3. Approving an Award of a Progressive Design Build Contract with Tilden -Coil Constructors, Inc. in the amount of $309,031 to be paid from unspent Measure S funds and reimbursed from grant proceeds; and

4. Authorizing the City Manager or designee to finalize and execute all documents related to the Project.

Regular Meeting Agenda April 6, 2022
Mayor and City Council of the City of San Bernardino Page 10 Printed 4/12/2022

ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS

32. Consideration of a Development Code Amendment to Permit Open Porches to Encroach into the Front Setback (All Wards) (Council Member Sanchez)

33. Mobile Showers for the Unhoused (All Wards) (Council Members Ibarra & Sanchez)

34. Policy Manual Regarding Grant Funded Positions (All Wards) (Council Member Alexander)

35. Establish a Program for High School Students to Serve as Junior Council Members to Encourage Greater Civic Engagement, Reporting through the City Manager's Office (All Wards) (Council Member Calvin)

ADJOURNMENT
The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, April 20, 2022 in the Council Chamber located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m.

CERTIFICATION OF POSTING AGENDA

I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the April 6, 2022 Regular Meeting of the Mayor and City Council and th e Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City’s bulletin board located at 201 North “E” Street, San Bernardino, California, at the San Bernardino Public Library located at 555 West 6th Street, San Bernardino, California, and on the City’s website sbcity.org on (date).

I declare under the penalty of perjury that the foregoing is true and correct.

___________________________________
Genoveva Rocha, CMC, City Clerk
Regular Meeting Agenda April 6, 2022
Mayor and City Council of the City of San Bernardino Page 11 Printed 4/12/2022

NOTICE: Any member of the pub lic may address this meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item appearing on the agenda by approaching the microphone in the Council Chamber when the item abou t which the member desires to speak is called and by asking to be recognized.

Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Age ncy. A three minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public sha ll be permitted to “share” his/her three minutes with any other member of the public.

Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made.

The Mayor and City Counc il and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agen da of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as t he Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code.

Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed.

Regular Meeting Agenda April 6, 2022
Mayor and City Council of the City of San Bernardino Page 12 Printed 4/12/2022

PUBLIC COMMENT OPTIONS
Please use ONE of the following options to provide a public comment:
1) Written comments can be emailed to [email protected]. Written public comments received up to 4:00 p.m. on the day of the meeting (or otherwise indicated on the agenda) will be provided to the Mayor and City council and made part of the meeting record. They will not be read aloud unless you require an ADA accommodation.

Please note: messages submitted via email and this page are only monitored from the publication of the final agenda until the deadline to submit public comments. Please contact the City Clerk at 909 -384-5002 or [email protected] for assistance outside of this timeframe.
2) Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the cut-off time for public comment, and the time may vary per meeting. If you wish to submit your speaker slip in advance of the meeting, please submit your request to speak using the form on the following page: https://sbcity.tiny.us/PublicCommentOptions .
3) REMOTE PARTICIPATION VIA ZOOM (For public comment only meeting will not be viewable on Zoom)
a) You can use a mobile phone or a landline to dial into a Zoom meeting. i) Dial (669) 900-6833. When prompted, enter the Meeting ID: 677-845-9453 Passcode: 2021
The public may begin joining the meeting on Zoom or by calling -in to be added to the speaker queue at 5:15 PM for Closed Session.

Once admitted t o the Zoom Public Comment meeting to request to speak at the appropriate time:
ii) Dial *9 from your phone to raise your hand via Zoom If calling in staff will confirm the last four digits of the caller’s phone number and unmute them, the caller must then press *6 to speak from their device. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak. If you are calling in, please turn your volume down on your television or other devices to limit any feedback when you speak.

Continued next page…

Regular Meeting Agenda April 6, 2022
Mayor and City Council of the City of San Bernardino Page 13 Printed 4/12/2022

B) Join the Meeting by clicking on the Zoom link below:
https://us06web.zoom.us/j/6778459453?pwd=ZTkzdUJtcDMrbmFNQnVDSFhva XQxZz09
Meeting ID: 677 845 9453
Passcode: 2021
You can also Go to Zoom.us and click "Join a Meeting" at the top.

Enter the Meeting ID: 677-845-9453
Passcode: 2021
Public Hearings:

If you are commenting on a Public Hearing, please stay signed on to the Zoom session or sign on when the Public Hearing is announced. You will be prompted by staff when the item is being discussed.

Page 1 ends

Closed Session

City of San Bernardino

Date: April 6, 2022

To: Honorable Mayor and City Council Members

From: Sonia Carvalho, City Attorney

Subject: Closed Session

A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
a. Rick Garcia v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2014140
Requested by Risk
b. Ronald Alejandro Molina Santacruz v. City of San Bernardino, et al. , San Bernardino Superior Court Case No. CIVDS193924
Requested by Risk/Outside Counsel (BBK)
c. Andrea Miller v. City of San Bernardino , San Bernardino Superior Court Case No. CIVDS2015337
Requested by Risk

B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)): One Item
Requested by CAO

C) PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS - Discussion of Evaluation Procedures (Pursuant to Government Code Section 54957):

Titles: City Manager; City Attorney; and City Clerk
Per CM Office Request

Per CM Office Request
Packet Pg. 14

Page 1 ends

Presentation

City of San Bernardino
Request for Council Action

Date: April 6, 2022

To: Honorable Mayor and City Council Members

From: Robert D. Field, City Manager
By: John Valdivia, Mayor

Subject: Proclamation for National Library Week - April 3-9, 2022

1 Packet Pg. 15

PROCLAMATION
OF THE

MAYOR AND CITY COUNCIL RECOGNIZING AND CELEBRATING
APRIL 3-9, 2022, AS

NATIONAL LIBRARY WEEK

WHEREAS, in observance of National Library Week, patrons are encouraged to visit one or more of the four San Bernardino Public Libraries, eith er in person, or virtually at www.sbpl.org and
WHEREAS, "Connect With Your Library,” is this year’s theme from the American Library Association. Whether people visit in person or virtually, libraries offer endless opportunities to transform lives through education and lifelong learning; and WHEREAS, public service weekly hours expanded to 40 at each location including a doubling of the three branch libraries’ hours in FY 2021 -22, thanks to the Mayor and City Council appro ving City Manager Rob Field’s recommendation of a $600,000 funding increase in generous support of our libraries; and WHEREAS, besides patrons checking out books, doing research, using a PC or enjoying free Wi -Fi - we offer various free activities, such a s pre -school story time, crafts, workshops, author visits, entertainment programs, literacy services and classes to help people improve their lives; and
WHEREAS, our online services for remote learners including eBooks and eAudiobooks, homework help via chat and others were more valuable than ever to our patrons during the Covid-19 pandemic in the last two years; and WHEREAS, libraries help change lives in their communities, serving people of every age, education level, ethnicity and physical ability; and WHEREAS, more than 24,000 people have our city of SB library card; and WHEREAS, our San Bernardino Public Library ha s served our community for 131 years and if there is any city that can benefit from a free public library - it is here.

NOW THEREFORE, THE MA YOR & CITY COUNCIL OF THE CITY OF SAN BERNARDINO, do hereby proclaim April 3rd to 9th, 2022 as

NATIONAL LIBRARY WEEK
Presented this 6th day of April 2022

1.a
Packet Pg. 16
Attachment: Attachment 1 - MT 8872 - NLW 2022 (8872 : Proclamation for National Library Week - April 3-9, 2022)

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Presentation

City of San Bernardino
Request for Council Action

Date: April 6, 2022

To: Honorable Mayor and City Council Members

From: Robert D. Field, City Manager
By: John Valdivia, Mayor

Subject: Proclamation for Donate Life Month - April 2022

2 Packet Pg. 17

PROCLAMATION OF THE

MAYOR AND CITY COUNCIL RECOGNIZING AND CELEBRATING
APRIL 2022, AS

DMV/DONATE LIFE MONTH

WHEREAS, organ, eye, tissue, marrow, and blood donation are life-giving acts recognized worldwide as expressions of compassion to those in need;

WHEREAS, more than 100,000 individuals nationwide and more than 20,000 in California are currently on the national organ transplant waiting list, and on average, 17 people die each day while waiting;

WHEREAS, the need for donated organs is especially urgen t in Hispanic, Latino, and African American communities;

WHEREAS, a single individual ’s donation of the heart, lungs, liver, kidneys, pancreas, and small intestine can save up to eight lives;

WHEREAS, donation of tissue can save and heal the lives of more than 75 others;

WHEREAS, organ donors saved more than 40,000 lives last year, the most ever;

WHEREAS, any person can register to be an organ, eye, and tissue donor regardless of age or medical conditions;

WHEREAS, being a registered donor does not imp act the quality of life -saving medical care a person receives in an emergency;

WHEREAS, California residents can sign up with the Donate Life California Donor Registry online at any time by visiting www.donateLIFEcalifornia.org or, for Spanish - speakers, www.doneVIDAcalifornia.org ;

WHEREAS, California residents can sign up to be an organ, eye and tissue donor when applying for or renewing their driver ’s licenses or ID cards at the C alifornia Department of Motor Vehicles;

WHEREAS, California residents interested in saving a life through living kidney donation may visit
www.LivingDonationCalifornia.org;

NOW, THEREFORE, BE IT RESOLVED that in recognition of National Donate Life Month, the month of April 2022 is hereby proclaimed “DMV/Donate Life Month” in the City of San Bernardino, and in doing so we encourage all Californians to check “YES!” online, or when applying for or renewing their driver’s LICENSE OR I.D. cart at the DMV Presented this 6th day of April 2022

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Attachment: MT 8873 - DLM 2022 (8873 : Proclamation for Donate Life Month - April 2022)

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Presentation

City of San Bernardino
Request for Council Action

Date: April 6, 2022

To: Honorable Mayor and City Council Members

From: Robert D. Field, City Manager
By: John Valdivia, Mayor

Subject: Volunteer Appreciation Month - April 2022

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PROCLAMATION OF THE

MAYOR AND CITY COUNCIL RECOGNIZING AND CELEBRATING
APRIL 2022, AS

VOLUNTEER APPRECIATION MONTH

WHEREAS, President Barack Obama has designated the month of April as the time to recognize the hard work, dedication and passion of voluntee rs and national service members throughout our nation; and
WHEREAS, last year, more than 65 million Americans gave their t ime in service to our nation, which is a testament to the compassion and generosity of the American spirit; and
WHEREAS, the City of S an Bernardino commemorates National Volunteer Appreciation Month by recognizing its valued volunteers and national servi ce members; and
WHEREAS, government alone cannot meet all our nation’s needs, so we partner with businesses, faith -based organizations, non-profit organizations, foundations, and individuals who serve in city government and in our community to make a d ifference; and
WHEREAS, the City of San Bernardino is committed to encouraging volunteerism and national service among its employees, citize ns, partners, businesses, and organizations.

NOW, THEREFORE, BE IT RESOLVED, that the City of San Bernardino Mayor and City Council do hereby proclaim the month of April 2022 as “Volunteer Appreciation Month” in the City of San Bernardino and urge our cit izens to volunteer or give national service in our communities throughout the year by volunteering and recognizing those who serve. W e promote partnership, understanding and collaborative problem -solving in our community in the month of April and throughout the year.

Presented this 6th day of April 2022.

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Attachment: Attachment 1 - MT 8877 - Volunteer Appreciation Month (8877 : Volunteer Appreciation Month - April 2022)

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Presentation

City of San Bernardino
Request for Council Action

Date: April 6, 2022

To: Honorable Mayor and City Council Members

From: Robert D. Field, City Manager
By: David Green, Interim Chief of Police

Subject: 2021 Public Safety Report (All Wards)

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San Bernardino Police Department
2021 Annual Report
David Green, Interim Chief of Police

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Attachment: 2021 Public Safety Overview (8884 : 2021 Public Crime Statistics
Crime 2019 2020 2021 %
Change
Murder 47 69 64 -7.2%
Rape 140 134 150 +15.3%
Robbery 906 730 613 -16%
Agg.

Assault
1,766 2,101 1,746 -16.8%
Burglary 2,029 1,201 1,232 +2.5%
Theft 4,974 3,149 3,423 +8.7%
GTA 2,078 1,709 1,851 +8.3%
Total Crimes 11,955 9,093 9,079 -.15%
Violent
Crimes
2,874 3,034 2,573 -15%
Property
Crimes
9,081 6,059 6,506 +7%

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Attachment: 2021 Public Safety Overview (8884 : 2021 Public Crime Response
353 365
447 413
586 623
0 100
200
300
400
500
600
700
2016 2017 2018 2019 2020 2021
Weapon Arrests
Weapons Case Targeting
• Recovered more firearms than any previous
year
• Made more weapons related arrests than
any previous year
• Recovered more non-serialized and “Ghost
Guns” than any previous year
Year Ghost Guns
2019 13
2020 101
2021 244
Year Firearms Recoveries
2019 747
2020 854
2021 983

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Attachment: 2021 Public Safety Overview (8884 : 2021 Public Crime Response
Project Safe Neighborhoods Grant
• Department was awarded 2021 funding
• SB City has been identified as focus area for
violent crime reduction for future grant
proposals
• Data Driven Violent Crime Impact Patrol
• Increased Arrests
• Increased VIP Referrals
Project Safe Neighborhoods Stats
Citations Issued 76
Vehicle Impounds 36
Firearms 25
Methamphetamine 53 lbs.

Total Arrests 119

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Attachment: 2021 Public Safety Overview (8884 : 2021 Public Crime Response
Multiple Enforcement Team
• Pro-active violent crime response
• Prevent and discourage crime
• Gather intelligence about current trends
and conflicts that lead to violent crime
• Relieve some investigative burden so
patrol officers can focus on 911 call
response

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Attachment: 2021 Public Safety Overview (8884 : 2021 Public Crime Response
Property Crime Increase
• Analysis indicated that pickpocketing and motor vehicle part theft led to an increase in property crime
• Require venders fund officers explicitly assigned to address pickpocketing and theft in large concert events
• SB 919
• Dealers must permanently mark the VIN on the catalytic converter before the sale
• Recyclers can only buy catalytic converters that have a clear visible VIN and must keep records
• Increase fines to discourage theft

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Attachment: 2021 Public Safety Overview (8884 : 2021 Public Crime Response
Joint Agency Investigations
• The Department has partnered with several agencies to increase access to resources and improve the chances of successful prosecution
• IRAT-Inland Regional Apprehension Team (FBI)
• IRNET-Inland Regional Narcotics Enforcement Team (County Agencies) • DEA-Operation Overdrive
• SB is one of 34 focus cities where DEA uses an intelligence-led approach to identify and dismantle criminal drug networks operating in areas with the highest rates of violence and overdoses • ATF partnership
• ATF has partnered with the Department and assigned an ATF Agent to the Department’s Special Investigative Bureau to identify and adopt special interest cases for federal prosecution • ATF is the direct contact for NIBIN and led to the Department's development as a crime gun intelligence center

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Attachment: 2021 Public Safety Overview (8884 : 2021 Public Crime Response
Legislative Efforts
• Law Enforcement Legislative Summit
• AB 1597- Petty Theft Priors
• AB1599 – Repeals Prop 47 except
for reduction in penalty for
concentrated cannabis possession
• AB 1603 – Reduces Petty Theft
Threshold from $950 to $400 upon
approval from voters
• SB 357 – Prohibits Law
Enforcement form charging with
Loitering with the intent to commit
prostitution

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Attachment: 2021 Public Safety Overview (8884 : 2021 Public Investigations Division

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Attachment: 2021 Public Safety Overview (8884 : 2021 Public Investigations Division
Special Enforcement Bureau
• Responsible for gang, violent crime,
narcotics, prostitution and illegal
gambling enforcement
• Arrested 57 homicide suspects in 24
months
SEB Stats
Felony Arrests 433
Misd Arrests 538
Guns 343
Marijuana 382 lbs.

Cocaine 923 lbs.

Meth 6,520 lbs.

Heroin 230 lbs.

Fentanyl 551 lbs.

Currency Seized $4,149,857
VIP Referrals 169

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Attachment: 2021 Public Safety Overview (8884 : 2021 Public Westside Jenga
• Large scale criminal investigation
targeting violent street gang
• 180 Felony Arrests
• 92 Handguns Seized
• 19 Assault Weapons Seized
• Seized large quantities of illegal
drugs and pills
• Closed 30 illegal gambling
locations

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Attachment: 2021 Public Safety Overview (8884 : 2021 Public Investigations Division
Detective Bureau
• Responded to over 100 after hour call-
outs to handle complex and significant
investigations
• ICAC wrote 250 search warrants and
made 20 arrests for child pornography

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Attachment: 2021 Public Safety Overview (8884 : 2021 Public Operations

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Attachment: 2021 Public Safety Overview (8884 : 2021 Public Operations
Patrol Services
• Officers responded to 100,898 calls for
service
• 27,570 officer-initiated contacts
• Reduced emergency response times
by approximately 8% to 7 minutes and
18 seconds
• Of the more than 9,000 arrests,
officers used force in only 1.8% of the
contacts
Adult Arrest Summary
Jan 1 -
Dec 31, 2020
Jan 1 -
Dec 31, 2021 % Change
Booked
Felony 3,245 2,951 -9.06%
Misdemeanor 3,153 2,460 -21.98%
Total 6,061 5,113 -15.64%
Cited
Felony 45 28 -37.78%
Misdemeanor 4,336 3,947 -8.97%
Total 4,364 3,963 -9.19%
Totals 10,449 9,076 -13.14%

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Attachment: 2021 Public Safety Overview (8884 : 2021 Public Community Policing
Community Policing Activities
Coffee with a
Cop
55 Neighborhood,
Business, and
Community
Meetings
204
CRM Requests 2,899
Homeless Camp
Site Clean Ups
2,753
Illegal Dump Site
Clean Ups
1,856
Pop Up
Community
Events
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Attachment: 2021 Public Safety Overview (8884 : 2021 Public Traffic Enforcement
Traffic Accident Data
Accident
Type 2020 2021
% Change
Injury 1,039 1,109 +6%
Non-Injury 1,094 1,109 +1%
Fatal 64 46 -28%
• Held 59 operations related to traffic safety
throughout the year.
• Arrested 528 people for DUI

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Attachment: 2021 Public Safety Overview (8884 : 2021 Public Commercial Traffic Enforcement
Commercial Traffic Enforcement Team
• Growth of industry in the City continues to fuel an
increase in large truck traffic on City streets
• The Department developed a pro-active commercial
traffic enforcement team to address the dangers and
traffic issues caused by large truck traffic
• The team is specially trained to identify legal
requirements associated with large commercial
trucks
• The team is specially equipped to ensure compliance
with the appropriate laws

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Attachment: 2021 Public Safety Overview (8884 : 2021 Public Administrative Services

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Attachment: 2021 Public Safety Overview (8884 : 2021 Public Administrative Services
Dispatch
• Responsible for receiving or making 509,683 calls
Special Events/Emergency Management
• Managed more than 19 events with a combined
attendance of over 785,000 people
• Identified Covid funding to update the City’s Emergency Operations Plan and Local Hazard Mitigation Plan
• Used grant funding to purchase five Covid-19 resistant patrol cars
• Used Covid-19 grant funding to pay for overtime in
response to violent crime increases
• Developed Mobile Application

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Attachment: 2021 Public Safety Overview (8884 : 2021 Public Administrative Services
• Over $4 million of grant funding was
adopted in the FY21/22 grant
FY21/22 Grants
COPS Hiring
Grant
$3,312,953.00
EMPG $31,330.00
HSGP $79,358.00
OTS $445,000.00
UASI $425,000.00
Power
Resiliency
$300,000.00
PSN $174,496.00
Total $4,729,890.00

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Attachment: 2021 Public Safety Overview (8884 : 2021 Public Recruitment Efforts
Recruitment Challenges
• Reduced applicant pool
• Increased competition
• Transient workforce
Recruitment Strategies
• Utilize social media to
recruit local and diverse
talent
• Google and Facebook
advertising
• Develop applicants through
preparatory positions within
the Department
• Recruit locally
Month LET
Apps
Lateral
Apps
Jan. 390 35
Feb. 384 25
Mar. 418 22
Apr. 299 18
May 292 25
Jun. 353 21
Jul. 276 29
Aug. 311 28
Sep. 191 16
Oct. 162 11
Nov. 175 15
Dec. 158 12
Year
Total
3409 257

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Attachment: 2021 Public Safety Overview (8884 : 2021 Public Recruitment Efforts
Personnel and Training
• Hired 42 people for sworn positions
• Hired 36 people for professional staff positions
24%
59%
15%
2%
2021 SWORN HIRES
Caucasian-10
Hispanic-25
Black-6
Other-1
17%
72%
3%
8%
2021 PROFESSIONAL STAFF HIRES
Caucasian-6
Hispanic-26
Black-1
Other-3

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Attachment: 2021 Public Safety Overview (8884 : 2021 Public Administrative Services
Community Affairs
Platform 2020 Followers 2021 Followers
Twitter 40,300 followers 41,227 followers
Instagram 29,400 followers 34,706 followers
Facebook 41,600 followers 45,007 followers
Youtube N/A 557
TikTok N/A 4,725 views
Nextdoor 25,957 31,758
Podcast 8,737 downloads

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Attachment: 2021 Public Safety Overview (8884 : 2021 Public Goals
• Fully staff approved sworn personnel
• Increase staffing in non-sworn positions that supplement sworn officer responsibilities and develop pipelines into law enforcement careers • Strengthen community policing efforts
• Identify and invest in technology to improve services and investigate crime • Continue to aggressively pursue outside funding resources to help further the department’s mission

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Attachment: 2021 Public Safety Overview (8884 : 2021 Public On behalf of the San Bernardino Police
Department – We thank our community
for their continued support!

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Attachment: 2021 Public Safety Overview (8884 : 2021 Public

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Discussion

City of San Bernardino
Request for Council Action

Date: April 6, 2022

To: Honorable Mayor and City Council Members

From: Robert D. Field, City Manager

Subject: Ordinance Amending Chapter 19.70.30 of the San Bernardino Municipal Code (All Wards)

Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

2. Adopt a Student Filmmaking Activities Special Events Permit Fee Policy

Background
Currently, Section 19.70.025 of The City of San Bernardino Municipal Code (SBMC) requires the issuance of a Special Event Permit for all filmmaking activities that take place at a location within the City limits. Activities covered under Section 19.70.025 of the municipal code include motion picture, television, o r still photography, and a permit is required whether the filming takes place on public or private property. To obtain a filming permit, an application, a certificate of insurance, a notarized property owner’s authorization, and the permit application fee of $260 must be submitted to the Planning Division for processing at a minimum of five (5) business days prior to filming. For special events held on City owned property the certificate of insurance must be a minimum of $1,000,000 naming the City as additi onally insured. For special events held on private property, proof of an insurance policy for $1,000,000 is required. Academic Institutions often offer professional insurance that student can purchase to cover general liability requirements during their ac tivities. One such program is California State University San Bernardino’s SAFECLIP, which covers students ($5 per student) performing community service or volunteer work for academic credit and/or students in radio, television or film academic programs.

Discussion
Local governments and academic institutions play a vital role in setting policy within their respective jurisdictions. Establishing a successful partnership between the City and local academic institutions creates a positive force in the lives a nd career trajectories of 5 Packet Pg. 47
8542

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enrolled students. Cities should make a concerted effort to best accommodate students who seek to use publicly owned spaces or facilities to further their pursuit of educational goals and activities. One of the best ways jurisdict ions can contribute to the creativity of local students is by implementing policies that remove financial barriers to success. In recent years, the cities of Redlands and Riverside have both passed amendments to their municipal code to provide permit fee w aivers for all students engaged in academic filmmaking activities on City property. In order to qualify, students would need to submit an application and accompanying required documentation to the Planning Division in advance of their event date. In additi on to the proposed ordinance amending the municipal code to waive the film permit application fee for students, staff recommends adopting a Student Filmmaking Activities Special Events Permit Fee Policy with the following requirements:

1. A Filming Permit Application

2. A letter written on school letterhead by a school administrator or instructor stating that the applicant is enrolled in a recognized United States institution and that the film is not a commercial release.

2021-2025 Key Strategic Targets and Goals
The adoption of a Special Events Filming Permit Fee Waiver and an amendment to Chapter 19.70.30 of the San Bernardino Municipal Code aligns with Key Target No. 2:

Focused Aligned Leadership and Unified Community.

Fiscal Impact
There is little to no fiscal impact to the general fund. Filming permit fees represent a small portion of the Planning Division’s annual permit fee revenue.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

2. Adopt a Student Filmmaking Activities Special Events Permit Fee Policy

Attachments
Attachment 1 Ordinance No. MC-1575
Attachment 2 Student Filmmaking Activities Special Events Permit Fee Policy Attachment 3 City of San Bernardino Filming Permit Application

Ward: All

Synopsis of Previous Council Actions:

July 17, 2019 Council adopted Ordinance MC-1519.

July 6, 2019 Council adopted Ordinance MC-1414.
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Ordinance No. MC-1575
– 1 of 3 –
ORDINANCE MC-1575

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO , CALIFORNIA
AMENDING CHAPTER 19.70.030 OF THE SAN

BERNARDINO MUNICIPAL CODE TO WAIVE THE

SPECIAL EVENTS PERMIT FEE FOR STUDENTS

CONDUCTING FILMMAKING ACTIVITIES
WHEREAS, under Section 19.70.0 30 of the City’s Municipal Code, film -making activities may only be conducted following issuance of a special events permit and payment of an accompanying fee; and
WHEREAS, the City now wishes to exempt students of educational establishments engaged in film-making activities from the special events permit fee; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE MAYOR AND CITY CO UNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA DO ORDAIN AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Section 19.70.030 of Chapter 19.70 of the San Bernardino Municipal Code is hereby amended to state in full as follows:
“19.70.030 Exemptions
The following uses are exempt from the provisions of this chapter:

1. Garage and yard sales, provided the sales do not occur more than 12 times per year, for no more than three days per event, and only on the third weekend of the month, in compliance with Municipal Code Section 8.14.070.

2. Temporary outdoor displays and sales, pursuant to Chapter 5.22 of the Municipal Code.

3. City-sponsored uses and activities, or act ivities occurring on City -owned property, occurring at regular intervals (weekly, monthly, yearly, etc.). Other City permits (building permits, encroachment permits, etc.) may be required.

In addition to the foregoing, the following uses shall be exempt from any permit fees required to be paid for a permit under this Chapter:

A. A student of a U.S. educational institution seeking a special event permit for film -making activities upon presentation of a signed letter on school letterhead from a school administrator or instructor stating that the applicant is currently enrolled in the institution and that the filming activities are for educational purposes and not intended for commercial release.”

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Attachment: Attachment 1 Ordinance MC-1575 Amending Chapter 19.70.30 of the San Bernardino Municipal Code [Revision 1] (8542 :

Ordinance No. MC-1575
– 2 of 3 –
SECTION 3. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end, the provisions of this Ordinance are declared to be severable.

SECTION 4. CEQA. The City Council finds this Ordinance is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 5. Effective Date. This Ordinance shall become effective thirty ( 30) days after the date of its adoption.

SECTION 6. Notice of Adoption. The City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________, 2022.

John Valdivia, Mayor
City of San Bernardino
Attest:

__________________________________
Genoveva Rocha, CMC, City Clerk

Approved as to form:

__________________________________
Sonia R. Carvalho, City Attorney

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Attachment: Attachment 1 Ordinance MC-1575 Amending Chapter 19.70.30 of the San Bernardino Municipal Code [Revision 1] (8542 :

Ordinance No. MC-1575
– 3 of 3 –

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )

I, Genoveva Rocha, CMC, City Clerk , hereby certify that the attached is a true copy of Ordinance No. MC-___, introduced by the Mayor and City Council of the City of San Bernardino, California, at a regular meeting held the day of _________ 22 . Ordinance No. MC - ___ was approved, passed and adopted at a regular meeting held the day of , 2021 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______

WITNESS my hand and official seal of the City of San Bernardino this day of ____________, 2022.

______________________________
Genoveva Rocha, CMC, City Clerk

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Attachment: Attachment 1 Ordinance MC-1575 Amending Chapter 19.70.30 of the San Bernardino Municipal Code [Revision 1] (8542 :
_____________________________________________________________________________________________ City of San Bernardino – Student Filmmaking Activities Special Events Permit Waiver Policy

City of San Bernardino
Student Filmmaking Activities Special Events Permit Fee Policy

____________________________________________________________________________

Subject: Student Filmmaking Activities Special Events Permit Fee Policy

Purpose: To govern the policies and procedures of the Student Filmmaking Activities Special Events Permits.

Authority: San Bernardino City Charter, Article III
San Bernardino City Charter, Article IV

Policy: In order to qualify for a permit fee waiver , students must submit an application and accompanying required documents to the Planning Division at a minimum of five (5) business days prior to filming.

Student Filmmaking Activities Special Events Permit Fee Policy Requirements:

1. A Filming Permit Application

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Attachment: Attachment 2 Student Filmmaking Activities Special Events Permit Waiver Policy [Revision 2] (8542 : Ordinance Amending Filming Permit Application 09/2020

CITY OF SAN BERNARDINO
Community Development Department, Planning Division
Office: 201 North E Street, 3rd Floor
Mail: 290 North D Street
San Bernardino, CA 92401
Phone (909) 384-7272
Web address: www.sbcity.org

FILMING PERMIT APPLICATION

APPLICANT / ORGANIZATION NAME: ________________________________________________________________ Address: ________________________________________________________________________________________ City, State, Zip: ___________________________________________________________________________________ Primary Contact: _________________________________________________________________________________ Telephone: _____________________________________________________________________________________ E-mail: _________________________________________________________________________________________

PROPOSED FILMING LOCATION: ____________________________________________________________________ Address: ________________________________________________________________________________________ City, State, Zip ___________________________________________________________________________________ Location Contact: _________________________________________________________________________________ Telephone: ______________________________________________________________________________________ E-mail: _________________________________________________________________________________________

PROJECT TYPE:
 Filming  Taping  Photography
 Other: _________________

In order for City Parking violations to not be issued during your specified time frame, it is essential that a complete list of vehicles be supplied as part of your permit application. Please include vehi cles from the applicant, agents and/or employees that will be parking on city streets or City parking lots. Please attach an additional sheet if necessary)

Make Model License Plate

Description of scene(s) to be filmed/taped/photographed: _________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________

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Attachment: Attachment 3 Filming Permit Application (8542 : Ordinance Amending Chapter 19.70.30 of the San Bernardino Municipal Code (All Filming Permit Application 09/2020

SPECIAL SERVICE REQUEST

Services of the San Bernardino Police Department may be secured by calling (909) 384-5357 at a rate of $ ______/hr, per employee. Arrangements must be secured by the applicant.

Services of the San Bernardino County Fire De partment may be secured by calling (909) 384 -5357 at a rate of $ ______/hr, per employee. Arrangements must be secured by the applicant.

SUBMITTAL REQUIREMENTS

 Notarized Property Owner’s Authorization.
 Proof of insurance ($1,000,000.00 minimum) naming the City of San Bernardino as additional insured for events held on City owned property. For events held on private property, proof of insurance ($1,000,000.00 minimum) only is required. This must be an original document or a letter from the insurance company.

PROPERTY OWNER’S AUTHORIZATION:

I am the legal owner of said property and do hereby authorize use of the property for the temporary use outlined in this application.

____________________________________________ ____________________________________ Signature of Property Owner Date

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document

Subscribed and sworn to (or affirmed) before me this __________ day of ______________________, 20 ___________ Proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

____________________________________________ (seal)

NOTARY PUBLIC

I hereby certify, under penalty of perjury, that the information filled in above is correct. I agree to comply with all applicable State, County, and City of San Bernardino laws, including conditions of approval, pertaining to the operation of this event.

____________________________________________ ____________________________________ Signature of Applicant Date

Applications may be email to the Planning Division: [email protected]

A complete application must be accompanied by the Planning Division processing fee at the time of submittal.

Note: Incomplete applications will not be accepted

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Attachment: Attachment 3 Filming Permit Application (8542 : Ordinance Amending Chapter 19.70.30 of the San Bernardino Municipal Code (All

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Discussion

City of San Bernardino
Request for Council Action

Date: April 6, 2022

To: Honorable Mayor and City Council Members

From: Robert D. Field, City Manager
By: Oliver Mujica, Planning Division Manager

Subject: Ordinance-Property Maintenance Code (Vacant Building Board-Up Standards) (All Wards)

Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1) Introduce, read by title only, and waive further reading of Ordinance No. MC- 1576 of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 15.05 (Property Maintenance Code) of Title 15 (Buildings and Construction) of the City of San Bernardino Municipal Code adding Section

15.05.300 (Vacant Building Board-Up Standards); and finding the exemption under the California Environmental Quality Act; and

2) Schedule the adoption of the above Ordinance for the regularly scheduled meeting of the Mayor and City Council on May 4, 2022.

Background
The City h as experienced an increase in blighted and unsafe conditions along the commercial corridors and neighborhoods resulting from long -term vacant or abandoned buildings. Once broken into and over-run, neglected buildings become accessible to the public creating an inviting environment for vagrancy, vandalism and illegal occupancy.

As a result, these buildings become vulnerable and susceptible to further damage or in many cases the buildings are destroyed.

The property owners or management companies of vacant b uildings typically board -up the doors and windows. However, the materials and methods used vary from building to building. This results in a patchwork of building appearances that become aesthetically detrimental to the community and creates a negative vis ual image of the City.

Therefore, there is a need to establish a uniform manner in which vacant or abandoned buildings shall be boarded-up.

Discussion
As part of the City’s “on -call board -up and abatement services” administered through the Code Enforcement Division, our vendor is required to comply with the guidelines of 6 Packet Pg. 55
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the United States Department of Housing and Urban Development (HUD) when boarding windows and doors. Therefore, Staff has prepared an Ordinance to amend Chapter 15.05 (Property Maintenanc e Code) by adding Section 15.05.300 (Vacant Building Board -Up Standards) to ensure that a uniform and standardized method for boarding up vacant and abandoned buildings is utilized in a manner consistent with HUD’s standards.

General Plan Goals and Policies
The City of San Bernardino General Plan includes goals and policies to guide future development, as follow:

✓ Land Use Goal 2.1: Preserve and enhance San Bernardino’s unique neighborhoods.
✓ Land Use Policy 2.1.1: Actively enforce development standards , design guidelines, and policies to preserve and enhance the character of San Bernardino’s neighborhoods.
✓ Land Use Policy 2.1.5: Ensure compliance with maintenance and development standards through the rigorous enforcement of Code Enforcement and Safety standards.

The adoption of the proposed Ordinance and implementation of the board -up standards for vacant and abandoned buildings is consistent with the City’s General Plan by preserving the aesthetic qualities of the City’s commercial corridors and neighborhoods.

California Environmental Quality Act
The Planning Division conducted an environmental evaluation in connection with the proposed Ordinance (Property Maintenance Code) and concluded that the Ordinance is not a project under CEQA. The Ordinance i s not a project within the meaning of Section 15378 of the State CEQA Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly and does not authorize any specific development within the City’s boun daries. Alternatively, the Ordinance is exempt from CEQA under State CEQA Guidelines Section 15301 (Existing Facilities), as it involves minor alteration of existing public or private structures by establishing board-up standards for vacant existing buildi ngs. Furthermore, the Ordinance is exempt under Section 15061(b)(3) (Review for Exemption) of the CEQA Guidelines since the proposed Ordinance will not create significant effects on the environment as its implementation is consistent with HUD’s guidelines.

2021-2025 Key Strategic Targets and Goals
This Ordinance (Property Maintenance Code) aligns with Key Target Goal No. 3:

Improved Quality of Life . Specifically, updating the Property Maintenance Code pertaining to vacant building board -up standards contri butes to reducing crimes and blighted conditions, and helps ensure that commercial corridors and neighborhoods are well maintained and safer.

Fiscal Impact
There is no fiscal impact to the City’s General Fund as a result of this action. 6 Packet Pg. 56
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Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1) Introduce, read by title only, and waive further reading of Ordinance No. MC - 1576 of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 15.05 (Property Maintenance Code) of Title 15 (Buildings and Construction) of the City of San Bernardino Municipal Code adding Section

15.05.300 (Vacant Building Board -Up Standards); and finding the exemption under the California Environmental Quality Act; and

2) Schedule the adoption of the above Ordinance for the regularly scheduled meeting of the Mayor and City Council on May 4, 2022.

Attachments
Attachment 1 Ordinance No. MC-1576 (Vacant Building Board-Up Standards)

Ward: All

Synopsis of Previous Council Actions: None
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Ordinance No. MC-1576
1 ORDINANCE NO. MC-1576

ORDINANCE OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA, ADDING
SECTION 15.05.300 (V ACANT BUILDING BOARD -UP
STANDARDS) TO CHAPTER 15.05 (PROPERTY
MAINTENANCE CODE ) OF TITLE 1 5 (BUILDINGS AND

CONSTRUCTION) OF THE CITY OF SAN BERNARDINO
MUNICIPAL CODE; AND FINDING THE EXEMPTION

UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT.

WHEREAS, the City has experienced an increase in blighted and unsafe conditions along the commercial corridors and neighborhoods resulting from long -term vacant or abandoned buildings. Neglected buildings become accessible to the public creating an inviting environm ent for vagrancy, vandalism and illegal occupancy. These buildings become vulnerable and susceptible to further damage or in many cases the buildings are totally destroyed; and

WHEREAS, property owners or management companies of vacant buildings typically board-up the doors and windows by utilizing materials and methods that vary from building to building, resulting in a patchwork of building appearances that become aesthetically detrimental to the community and creates a negative visual image of the City; and

WHEREAS, there is a need to establish a uniform manner in which vacant or abandoned buildings shall be boarded-up; and

WHEREAS, this Ordinance is a City-initiated amendment to Chapter 15.05 (Property Maintenance Code) of the City of San Bernardino Municipal Code (Title 1 5) to add Section

15.05.300 (Vacant Building Boar d-Up Standards) modeled after United States Department of Housing and Urban Development standards; and

WHEREAS, Ordinance No. MC-1576 has been prepared consistent with the City of San Bernardino General Plan; and

WHEREAS, pursuant to the requirements of the California Environmental Quality Act (“CEQA”), the Planning Division of the Community and Economic Development Department evaluated Ordinance No. MC-1576 and determined that it is not a project within the meaning of State CEQA Guidelines Section 15378, and alternatively is exempt from CEQA under Section 15301 (Existing Facilities) and 15061(b)(3) (Review for Exemption) of the CEQA Guidelines; and

NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Compliance with the C alifornia Environmental Quality Act. As the decision-making body for the project, the Mayor and City Council has reviewed and considered

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Attachment: Attachment 1 Ordinance No. MC-1576 (Vacant Building Board-Up Standards) (8876 : Ordinance-Property Maintenance Code Ordinance No. MC-1576
2 the information contained in the administrative record for Ordinance No. MC-____. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the Mayor and City Council , the Mayor and City Council hereby finds, as follows:

(1) The administrative record has been completed in compliance with the California Environmental Quality Act (“CEQA”), the State CEQA Guidelines, and the City’s Local CEQA Guidelines;

(2) Ordinance No. MC-1576 is not a project within the meaning of Section 15378 of the State CEQA Guidelines, because it has no potential for re sulting in physical change in the environment, directly or indirectly. Ordinance No. MC-1576 does not authorize any specific development within the City’s boundaries. Ordinance No. MC-1576 it is exempt from CEQA because the adoption of the Ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment (State CEQA Guidelines, Section 15061(b)(3)). The proposed Ordinance to adopt the guidelines of the United States Department of Housing and Urban Development (HUD) when boarding windows and doors is exempt from the requirements of CEQA under Section 15061(b)(3) (Review for Exemption) of the CEQA Guidelines due to the fact that the proposed Ordinance will not create significant effects on the environment as it consists of adding a uniform and standardized method for boarding up vacant and abandoned buildings in a manner consistent with HUD’s standards . Furthermore, the Ordinance is exempt pursuant to Section 15301 (Existing Facilities) in that it would involve the minor alteration of public or private structures by implementing board-up standards; and

(3) The determination of CEQA exemption reflects the independent judgment of the Mayor and City Council.

SECTION 3. adding Section 15.05.300 (Property Maintenance Code) of the City of San Bernardino Municipal Code (Title 15) is hereby approved, as follows:

“15.05.300 Vacant Building Board-Up Standards

A. Vacant and abandoned buildings shall be boarded pursuant to the following guidelines, which are modeled after, in part, guidelines of the United States Department of Housing and Urban Development:

1. Board Requirements.

a. All first floor windows and doors and all basement windows and doors should have plywood covering the entire opening and frame. b. The covering should be secured with carriage bolts. c. Any health and safety hazard caused by any protruding bolts used to secure boarding must be eliminated.
d. The use of nails is prohibited.
e. There shall be no boarding above the first floor unless entry is possible without use of a ladder, and the opening is large enough for a person to easily pass through; openings above the first f loor that do not meet this test should be secured but not boarded.

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Attachment: Attachment 1 Ordinance No. MC-1576 (Vacant Building Board-Up Standards) (8876 : Ordinance-Property Maintenance Code Ordinance No. MC-1576
3 f. If security bars are located on windows/doors, boarding is not required.
g. Opening too small for a person to pass through, particularly pet openings in doors, should be secured but not boarded.
h. To ensure that no hazards exist, remove all broken glass from the windows and surrounding interior and exterior areas.

2. Specifications for Plywood Boarding

a. Exterior Plywood should be of un-sanded CDX grade.
b. Plywood thickness should be 1/2″ for window openings, 5/8″ for door openings and 3/4″ for sliding door and French door openings.

When extra large window openings are encountered use 5/8″ or 3/4″ as necessary.
c. All holes should be drilled to accommodate bolts. The holes in the top of the plywood should be 12″ down from the top and 20% of the width of the plywood cover, in from the side.
d. The holes in the bottom should be 25% of the height of the plywood, up from the bottom and the same distance in from the side as the top.
e. Carriage bolts mated with nut and two three inch flat washers as shown in the side view. Washers to be of sufficient size to fully accept the square portion of bol t beneath head. Bolt and mating hardware may be galvanized or cadmium plated. 3/8″ x 12″ bolts should be supplied with each 2′8′ door, 3′0″ door, and glass sliding door cover. 3/8 x 10″ bolts should be supplied with the rest. f. 2″ x 4″ lumber should be grade d and should be a minimum of 16″ longer than the width of the plywood cover. (Note: 2x4s will be drilled with 1/2″ diameter holes that line up with the holes in the plywood covers).
g. All windows and doors, except the front door, through which access to the interior of the dwelling is made, should be secured. All window boards will be cut to fit inside the concrete block or brick opening with a maximum 1/8″ clearance. THE PLYWOOD

COVERING SHOULD BE OF ONE CONTINUOUS PIECE
WHEN POSSIBLE.
h. All fabricated parts and ancillary materials become property of the Department of Housing and Urban Development.
i. All coverings are to be fabricated according to the attached drawing and specifications.

3. Boarding Windows

a. Except as noted below, all window sashes, frames, glass and hardware are to be undamaged by the boarding installation. b. All screen inserts are to be removed, marked as to location and stored in a convenient closet or in the utility room.
c. In all cases where it is possible to adjust the position of t he sashes

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4 to accommodate the specifications for boarding above, the sashes are to remain in the frame.
d. In instances wherein the sashes cannot be adjusted to accommodate the boarding specifications above, the sashes are to be removed from the frames and stored in a convenient closet or in the utility room.

This includes all stationary lights secured by stops.
e. In cases wherein the sash cannot be removed and/or the frame is permanently built into the house and cannot be removed (i.e., Fenestra windows) it will be necessary to break the corner panes to accommodate the boarding and bolts. If the location of bolt holes, in the plywood, requires modification because of the muntin bar (a small bar that divides a windows glass), these locations are to be modified. In no case, in any type of window, is any sash or frame part to be damaged.
f. In all instances where items should be removed from the frame and stored, the items should be clearly marked as to the area from which it was removed.
g. All items are to be stored o n edge and braced to prevent accidental tipping, sliding, etc. In no instance is any item to be stored laid flat. h. Hinged windows are to be completely removed from the frame and stored as stated in ( g) above. If possible the hinge pins are to be removed and remain with the removed item.
i. Faced nailing of panels to wood frame windows is prohibited.

B. Any person violating any of the provisions of this Section shall be subject to the penalty provisions of Chapters 1.12, 9.92, and 9.93 of the San Bernardino Municipal Code.”

SECTION 4. Notice of Exemption: The Planning Division of the Community and Economic Development Department is hereby directed to file a Notice of Exemption with the County Clerk of the County of San Bernardino within five (5) working days of final project approval certifying the City’s compliance with the California Environmental Quality Act in approving the Project.

SECTION 5. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.

SECTION 6. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption.

SECTION 7. Notice of Adoption . The City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general

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5 circulation and published and circulated in the City in a manner permitted under Section 36933 of the Government Code of the State of California.

SECTION 8. Custodian of Records . The documents and materials that constitute the record of proceedings on which these findings in this Ordinance have been based are located at Genoveva Rocha, City Clerk, 201 North E Street (Building A), (909) 384-5002.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of _________, 2022.

John Valdivia, Mayor
City of San Bernardino

Attest:

Genoveva Rocha, CMC, City Clerk

Approved as to form:

Sonia Carvalho, City Attorney

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6 CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF SAN BERNARDINO )

I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-____, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held at the ___ day of _____ ____, 2022. Ordinance No. MC -_____ was adopted by the City Council of the City of San Bernardino, California, at a regular meeting held at the ___ day of _________, 2022 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT

SANCHEZ
IBARRA

FIGUEROA

SHORETT

REYNOSO
CALVIN

ALEXANDER

WITNESS my hand and official seal of the City of San Bernardino this ___ day of _________, 2022.

Genoveva Rocha, CMC, City Clerk

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Discussion

City of San Bernardino
Request for Council Action

Date: April 6, 2022

To: Honorable Mayor and City Council Members

From: Robert D. Field, City Manager
By: Alex Qishta, Interim Director of Public Works

Subject: Update on Organics Collection, Processing and Disposal Services Due to SB 1383 Short-Lived Climate P

Recommendation
The Mayor and City Council to receive an update on the status of the City’s efforts to comply with the SB 1383 Short-Lived Climate Pollutants Mandate.

Background
The California Integrated Waste Management Act authorizes cities to contract for solid waste collection, transport, and disposal services. The City has a franchise agreement with Burrtec Waste Industries, Inc. (“Burrtec”) to perform these se rvices. That agreement will expire on March 31, 2026, with an option to extend the term by five years.

The final regulations of SB 1383 were approved by the Office of Administrative Law on November 3, 2020 (“SB 1383 Regulations”). The intent of SB 1383 i s to reduce short - lived climate pollutants (“SLCP”) that contribute to greenhouse gas emissions and air pollution resulting from decomposing organic waste, specifically food scrap waste. The three main goals of SB 1383 are: 1) Reducing organic waste dispo sal by 50 percent of the 2014 level by 2020; 2) Reducing organic waste disposal by 75 percent of 2014 levels by 2025, which would be more than 20 million tons; and 3) Recovering 20 percent of currently disposed of edible food for human consumption through food banks and food recovery organizations by 2025.

Discussion
The SB 1383 Regulations require the City to adopt an enforceable ordinance to compel businesses and residents to recycle their organic and food waste, and comply with other SB 1383 regulatory requirements, while putting the responsibility for funding, administrating, and implementing those goals on the City. The City can delegate some of the City’s obligations under the SB 1383 Regulations to Burrtec. The City and Burrtec are currently in nego tiations over the services Burrtec will provide and the rates that will be charged to customers for the new organic waste services and SB 1383 mandates. Local jurisdictions that failed to comply with SB 1383 Regulations as of January 1, 2022, can face penalties up to $10,000 per day for major violations.

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SB 1383 requirements include:

1. Providing Organic Collection Services to All Residents and Businesses - Organic waste consists of, but not limited to, green waste, food waste, fibers, and wood waste.

2. Reporting - Keeping appropriate records and reporting to CalRecycle on SB 1383 implementation. This will include information about solid waste container inspections, violations, the edible food recovery program, and compliance with other SB 1383 requirements.

3. Enforcement and Compliance - Container contamination must be monitored, and violators who inappropriately dispose their organic waste may be cited by the City.

4. Procurement - The City will be required to meet minimum targets for procuring recycled and recovered organic products that will be based on its population size.

Examples of organic products include compost, mulch, biomass -derived electricity, or renewable gas.

5. Education - The City will be required to provide education and outrea ch to organic waste generators on how to reduce organic waste.

6. Edible Food Recovery Program - Commercial edible food generators must recover the maximum amount of edible food that would otherwise be disposed of, for feeding people. Those businesses mu st have a contract with food recovery organizations to coordinate this activity, and the City is responsible for implementing a program to educate commercial edible food generators and food recovery organizations about requirements.

On September 1, 2021, CalRecycle officials attended the City Council meeting to present a PowerPoint presentation of SB 1383. On December 1 2021, the City Council adopted Ordinance MC -1566 amending Section 8.24.090 of Chapter 8.24 of Title 8 of the San Bernardino Municipal Code (“SBMC”) pertaining to requirements for the proper collection and storage of recyclable materials and organic waste, and adding Section

8.24.095 to Chapter 8.24 of Title 8 of the SBMC reflecting state requirements for commercial edible food generators and food recovery organizations and services. This ordinance includes a graduated enforcement mechanism on residents.

From 2022 to 2023, the City will take a non -punitive approach to enforcement.

Beginning January 1, 2024, the City must begin issuing Notic es of Violation and administrative citations for violations of the SB 1383 Regulations.

Implementation Efforts and Impact to Residents and Businesses Under the SB 1383 Regulations, single -family residential customers must place food scraps into their exi sting green waste containers (green carts) as food waste must now be diverted from landfills and recycled. This waste will no longer be allowed in trash 7 Packet Pg. 65
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containers (black carts). Burrtec has been educating residential customers about the coming change in its newsletters.

Currently, all commercial customers generating two -cubic yards or more of commercial solid waste per week, and multi -family dwellings of five units or more are required to recycle their organic waste under mandatory commercial organics re cycling requirements of AB 1826. Multi -family dwellings were not required to arrange for the food waste portion of mandatory commercial organics recycling. Now they must do so under the SB 1383 Regulations. The City recently submitted its 2020 Annual Repor t to CalRecycle with the status of commercial and multi -family customers subject to AB 1826. There are 208, out of 241, businesses that are not participating in organics recycling either through Burrtec or through their company’s own program. All 58 multi - family customers are participating in an organic waste recycling program, but it is for landscaping trimming, and these customers will need to divert food waste now. Burrtec has been reaching out to customers via site visits, phone calls, and emails to set up meeting times to remind customers about requirements to comply with both AB 1826 and the SB 1383 Regulations.

Contamination Monitoring and Notice of Violation
Container inspection, contamination monitoring, and enforcement are required under the SB 1 383 Regulations. The City and Burrtec are still developing a program to deter and inspect for container contamination, which will likely include a contamination fee from Burrtec for waste generators who do not properly source separate their materials.

This fee would be separate, and in addition to, a Notice of Violation that the City may issue to any entity for violating any part of the ordinance after January 1, 2024.

As a result of the adoption of Ordinance MC -1566, staff has been negotiating with the City's franchise hauler, Burrtec, to prepare a SB 1383 implementation plan that aligns with the mandate. This program focuses on an implementation timeline, education and outreach, organic waste collection, edible food recovery, recordkeeping, and program cost among other criteria.

With the new organics recycling program comes additional collection services costs in order for Burrtec to effectively perform mandated organics recycling collection.

Burrtec has submitted an official rate adjustment request to the City. Staff and Burrtec continue to negotiate the new rates.

In this proposal, Burrtec requested a rate increase to provide the new programs. The City and Burrtec are currently discussing this, and this issue will be brought forward for Council review, direction, and approval as appropriate.

2021-2025 Key Strategic Targets and Goals
The discussion of Increase in Residential Service Rate for Organics Collection, Processing and Disposal Services Due to SB 1383 Short -Lived Climate Pollutants Mandate ali gns with Key Target No. 1: Improved Operational & Financial Capacity .

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penalties due to violations.

Fiscal Impact
This is still under discussion with Burrtec.

Conclusion
The Mayor and City Council to receive an update on the status of the City’s efforts to comply with the SB 1383 Short-Lived Climate Pollutants Mandate.

Attachments
Attachment 1 SB 1383 PowerPoint
Attachment 2 Ordinance No.1566

Ward: All

Synopsis of Previous Council Actions:

April 11, 2018 The Mayor and City Council adopted Resolution No. 2019 -162, approving the increase in the maximum permitted service rates for integrated solid waste collection, processing, disposal, and related services for FY 2019/20.

June 19, 2019 The Mayor and City Council adopted Resolution No. 2019 -162 of the Mayor and City Council of the City of San Bernardino, California, approving the increase in the maximum permitted service rates for integrated solid waste collection, pro cessing, disposal, and related services for FY 2019/20.

June 19, 2019 The Mayor and City Council: 1) Conducted a Public Hearing pursuant to Proposition 218 (California Constitution Art. XIIID, § 6) on the proposed increase to the Maximum Permitted Service Rate with Burrtec Waste Industries, Inc.; and 2) Adopted Resolution No. 2019-157 of the Mayor and City Council of City of San Bernardino, California, declaring the result of the Proposition 218 protest count for the proposed adjustment to the maximum perm itted service rates for integrated solid waste collection, processing, disposal, and related services and approve Fiscal Year 2019/20 commercial rate increase of 13.86%.
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Title: SB 1383: Short Lived Climate Pollutants Program Update Presented by: Alex Qishta, Interim Director of Public Works/City Engineer

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Attachment: Attachment 1 - SB 1383 PowerPoint presentationpptx rev1 (8760 : Update on Organics • SB 1383 requires the City to enforce businesses and residents to recycle organic and food waste. • Current negotiations are in progress to discuss regulatory requirements that may be delegated to Burrtec.
• The City could face penalties of up to $10,000 per day for failing to comply with SB 1383 effective January 1, 2022
• Starting January 1, 2022, SB 1383 will allow the City to take a non-punitive approach to enforcement.
• Starting on January 1, 2024, the City must begin taking punitive action against non-compliant entities
SB 1383 Implementation 2022

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Attachment: Attachment 1 - SB 1383 PowerPoint presentationpptx rev1 (8760 : Update on Organics Burrtec’s Program Overview
Collection
• Residential collection will utilize 3-container system • Commercial collection will utilize 4-container system, service levels dependent on customer needs Education and Outreach Activities
• Information distributed through community meetings, newsletters, automated calls, feedback from route audits/ waste characterizations, and onsite guidance
Procurement Requirements
• Compost & mulch giveaways, landscape and turf enhancements, organics converted to heat, fuel, and electricity Edible Food Recovery
• Identify tier 1 food generators and food recovery organizations, estimate amount of edible food being disposed and divert 20% of edible food from disposal to food recovery organizations.

Compliance Monitoring and Enforcement
• Document qualified customers, edible food generators, material processing waste characterizations, route audit results, complaints investigated, recycled materials procured, and organic waste diverted from landfill.

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Attachment: Attachment 1 - SB 1383 PowerPoint presentationpptx rev1 (8760 : Update on Organics • Residents will bag food waste and place into green waste cart, no longer disposing in the trash cart • All Multi-family dwellings will now subscribe to food waste organics under SB1383, which was not required with AB1826
• 208/241 Commercial customers will need to subscribe to Food waste organics recycling • Burrtec is utilizing site visits/phone calls/emails to remind customers of SB1383 requirements • The City and Burrtec are developing a program to deter and inspect container contamination • Likely to include a separate contamination fee on top of a Notice of Violation .

SB 1383: Impact to Residents and Businesses

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Attachment: Attachment 1 - SB 1383 PowerPoint presentationpptx rev1 (8760 : Update on Organics Conclusion:

The Mayor and City Council to receive an update on the status of the City’s efforts to comply with the SB 1383 Short-Lived Climate Pollutants Mandate.

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Public Hearing

City of San Bernardino
Request for Council Action

Date: April 6, 2022

To: Honorable Mayor and City Council Members

From: Robert D. Field, City Manager
By: Alex Qishta, Interim Director of Public Works

Subject: Public Hearing on Annexation No. 12 to Community Facilities District 2019-1 (Ward 3)

Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Hold a Public Hearing;

2. Adopt Resolution No. 2022 -65 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019 -1 (Maintenance Services) (Annexation No. 12);

3. Hold a special landowner election and canvass the election;

5. Introduce, read by title only, and waive further reading of Ordinance No. MC - 1577 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC -1522 and levying special taxes to be collected during Fiscal Year 2022 -23 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fun d for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019 -1 (Maintenance Services); and

6. Schedule the final reading and adoption of Ordinance No MC -1577 for May 4, 2022.

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Background
On March 2, 2022, the Mayor and City Council adopted Resolution No. 2022 -46, a Resolution of Intention to annex territory into Community Facilities District No. 2019 -1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”) , pursuant to the provisions of the “Mello -Roos Community Facilities Act of 1982”. A public hearing was set for April 6, 2022, on the proposed annexation of the said territory into the community facilities district. As required by the Resolution of Intent ion, a boundary map was recorded on March 3, 2022, at 11:25 a.m. in Book 90 Page 8, Document No. 2022 -0083165 of Maps of Assessment and Community Facilities Districts with the San Bernardino County Recorder.

The Resolution of Intention was adopted by the Mayor and City Council in response to a petition filed by the property owner of approximately 0.98 gross acres of vacant commercial property within the City, requesting that the City assist them in annexing their properties into CFD No. 2019 -1 under the Mello-Roos Act. The State legislature enacted the Mello-Roos Act in 1982 to assist public agencies in financing certain public improvements by either issuing tax exempt securities that are repaid by annual levy of special taxes, or to provide for the fina ncing of on-going public services. The landowner requested the City annex into CFD No. 2019 -1 to levy a special tax to cover the costs associated with the maintenance of public improvements. The public facilities and services proposed to be financed within the territory to be annexed to the District are the following:

1. Maintenance of streets and sidewalks, including pavement management, and provide street sweeping; and

2. City and County costs associated with the setting, levying and collection of the special tax, and in the administration of the District including the contract administration and for the collection of reserve funds.

The proposed area to be annexed into the CFD will be included in Tax Zone 13 and is located north of I-10, at the southeast intersection of South Waterman Avenue and East Hospitality Lane, as shown in Attachment #1.

The maximum annual special tax for this development has been calculated to be $1,169 per acre for FY 2022/23. The maximum annual tax rate is proposed to e scalate each year at the greater of Consumer Price Index (CPI) or 2%. The property owners have agreed to initiate and conduct the CFD annexation proceedings pursuant to the Mello - Roos Act of 1982. The property owners have submitted a “Consent and Waiver” form on file in the City Clerk’s Office to initiate and conduct proceedings pursuant to the Mello - Roos Act in 1982, for the annexation into the CFD and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving a ll notice requirements relating to the conduct of the election.

In order to annex property to CFD No. 2019 -1 pursuant to the provisions of California Government Code Section 53311 et seq., the City must adopt a series of three statutorily required Resolutions and an Ordinance which are summarized below:
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• Resolution declaring City intent to annex territory to Community Facilities District No. 2019-1 including the boundary of the area to be annexed and the rate and method of apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area), adopted March 2, 2022.

• Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District.

• Resolution declaring the results of the election and directing the recording of the notice of special tax lien.

• Amend the Ordinance and order the levy and collection of special taxes in the District.

With the adoption of the Resolutions and the first reading of the amended Ordinance, the second reading of the amended Ordinance would be scheduled for May 4, 2022.

Discussion
The Resolution of Intention called for a public hearing to be held on April 6, 2022 on the issue of the annexation of territory into CFD No. 2019 -1. Under the Mello-Roos Act, the City Council must hold the public hearing and consider any protests against the formation of the CFD. If the owners of one half or more of the land within the proposed boundaries of the CFD file written protests against the establishment of the CFD, the Council may not create the CFD. If a majority protest is not filed, the City Council may adopt the resolution establishing the CFD.

Adoption of Resolution No. 2019 -178 on July 17, 2019 established CFD 2019 -1, pursuant to the requirements of Government Code Section 53325.1. After a CFD is formed, the Mello -Roos Act requires that for any annexations into the CFD an election be held on the question of whether the proposed sp ecial taxes should be levied. The election requires a two -thirds vote in favor of levying the special tax. The landowners filed waivers with respect to the conduct of the election pursuant to Government Code Sections 53326(a) and 53327(b), meaning that the time limits and procedural requirements for conducting an election under the Mello -Roos Act do not have to be followed. Accordingly, City staff has already mailed the election ballots to the landowners and required the ballots to be returned by the close of the public hearing. If the Mayor and City Council adopt Resolution No. 2022 -65, it may immediately proceed to the opening of the ballots and adopt Resolution No. 2022 -66 declaring the results of the election.

2021-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No . 1: Improved Operational & Financial Capacity and Key Target No . 4: Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.
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Fiscal Impact
The individual property owners in the CFD will be responsible for annual payments of special taxes. It is estimated, upon full completion of the development, there will be an annual collection of special tax revenues of approximately $1,146 per acre to be used to pay for maintenance costs within the development.

On March 1 of each year, every taxable unit for which a building permit has been issued within the boundaries of the CFD, will be subject to the special tax for the ensuing Fiscal Year. If the anticipated costs of maintaining the facilities in any given Fiscal Year, prior to buildout of the project, exceeds the special tax revenues available from parcels for which building permits have been issued, then the special tax may also be applied to property within recorded final subdivision maps, as well as other undeveloped property within the boundaries of the CFD.

All costs associated with annexation into the CFD have been borne by the Developer.

By annexing into the CFD, the costs of maintaining improvements located within the development will be financed through special taxes levied on the parcels within CFD No. 2019-1 and not through the City’s General Fund.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Hold a Public Hearing;

2. Adopt Resolution No. 2022 -65 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019 -1 (Maintenance Services) (Annexation No. 12);

3. Hold a special landowner election and canvass the election;

4. Adopt Resolution No. 2022-66 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 12); and

5. Introduce, read by title only, and waive further r eading of Ordinance No. MC - 1577 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC -1522 and levying special taxes to be collected during Fiscal Year 2022 -23 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services);

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6. Schedule the final reading and adoption of Ordinance No MC -1577 for May 4, 2022.

Attachments
Attachment 1 - Project Map
Attachment 2 - Resolution No. 2022-65 - Resolution Calling Election Attachment 3 - Exhibit A Description of Territory
Attachment 4 - Exhibit B Rate and Method of Apportionment Attachment 5 - Exhibit C Special Election Ballot
Attachment 6 - Resolution No. 2022-66 - Resolution Declaring Election Results Attachment 7 - Exhibit A Certificate of Election Results Attachment 8 - Ordinance MC-1577
Attachment 9 - Exhibit A Description of Services
Attachment 10 - Exhibit B Parcel List
Attachment 11 - Petition
Attachment 12 - Proof of Publication Notice of Public Hearing Attachment 13 - PowerPoint Presentation

Ward: 3

Synopsis of Previous Council Actions:

June 5, 2019 Mayor and City Council adopted Resolution No. 2019 -81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello - Roos Community Facilities Act of 1982.”

July 17, 2019 Resolution No. 2019 -178 was adopted establishing Community Facilities District No. 2019 -1; Resolution No. 2019 -179 was adopted declaring election results for Community Facilities District No. 2019 -1; and first reading of Ordinance No. MC -1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1.

August 7, 2019 Final reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019 -20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1.

March 2, 2022 Mayor and City Council adopted Resolution No. 2022 -46, a Resolution of Intention to annex territory into Community Facilities District No. 2019 -1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. 8 Packet Pg. 88

PROJECT MAP
CFD NO. 2019-1 (MAINTENANCE SERVICES)
TAX ZONE 13

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RESOLUTION NO. 2022-65

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

CALLING AN ELECTION TO SUBMIT TO THE

QUALIFIED ELECTORS THE QUESTION OF LEVYING A

SPECIAL TAX WITHIN THE AREA PROPOSED TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO.
12)

WHEREAS, the Mayor and City Council (the “City Council”) of the City of San Bernardino (the “City”), adopted its Resolution No. 2019 -081, (the “Resolution of Intention”) (i) declaring its intention to establ ish Community Facilities District No. 2019 -1 (Maintenance Services) (the “CFD No. 2019-1”) pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), commencing with Section 53311 of the California Government Code (the “Government Code”), (ii ) proposing to levy a special taxes within CFD No. 2019 -1 pursuant to the terms of the Act to fund the cost of providing maintenance services (the “Services”) described in Exhibit B of the Resolution of Intention, and
WHEREAS, the City Council set a public hearing for July 17, 2019 after which the Council adopted Resolution No. 2019 -178 forming the CFD No. 2019 -1 and calling a special election at which the questions of levying a special tax and establishing an appropriations limit with respect to the CFD N o. 2019-1 were submitted to the qualified electors within the CFD No. 2019-1; and
WHEREAS, on July 17, 2019, the City Council adopted Resolution No. 2019 -179 declaring the results of the special election and finding that more than two-thirds (2/3) of all votes cast at the special election were cast in favor of the proposition presented, and such proposition passed; and
WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code as amended (the "Act"), to annex territory into an existing community facilities district by complying w ith the procedures set forth in said Article 3.5; and
WHEREAS, the City Council on March 2, 2022 duly adopted Resolution No. 2022-46 (the “Resolution of Intention”) declaring its intention to annex certain territory to CFD No. 2019- 1 (Maintenance Services) and to levy a special tax within that territory to pay for certain services and setting a time and place for the public hearing on the proposed annexation for April 6, 2022; and
WHEREAS, the territory proposed to be annexed is identified in a map entitled "Annexation Map No. 12 Community Facilities District No. 2019-1 (Maintenance Services)" a copy of which was recorded, on March 3 , 2022, in Book 90 of Maps of Assessment and Community Facilities Districts at Page 8, in the office of the San Bernardino County Recorder; and

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WHEREAS, pursuant to the Act and the Resolution of Intention, a noticed public hearing was convened by the City Co uncil on April 6, 2022, not earlier than the hour of 7:00 p.m. at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92418, relative to the proposed annexation of said territory to CFD No. 2019-1. At the hearing, the testimony of all interested persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent participation in the April 6, 2022 meeting must occur by teleconference, vi deoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92418. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909-384-5002; and WHEREAS, written protests have not been filed by fifty percent (50%) or more of the registered voters residing within the CFD No 2019 -1, or by fifty percent (50%) or more of the registered voters residing within the territory to be annexed, or by the owners of one-half (1/2) or more of the area within the CFD No. 2019 -1, or by the owners of one -half (1/2) or more of the territory to be annexed; and
WHEREAS, the City Council has determined that there are fewer than twelve registered voters residing in the territory proposed to be annexed to the CFD No. 2019-1 and that the qualified electors in such territory are the landowners; and
WHEREAS, on the basis of all of the foregoing, the City Council has determined at this time to call an election to authorize the annexation of territory to the CFD No. 2019 -1 and the levying of a special tax as described in Exhibit A hereto; and WHEREAS, the City Council has received a written instrument from each landowner in the territory proposed to be annexed to the CFD No. 2019 -1 conse nting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election; and
WHEREAS, the City Clerk has concurred in the election date set forth herein.

BE IT RESOL VED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Conformation of Finding in Resolution of Intention. The City Council reconfirms all of its findings and determinations as set forth in the Resolution of Intention.

SECTION 3. Findings Regarding Protests. The City Council finds and determines that written protests to the proposed annexation of territory to the CFD No. 2019-1 and the levy of the special tax within such territory are insufficient in number and in amount under the Act, and the City Council hereby further orders and determines that all such protests are hereby overruled.

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SECTION 4. Findings Regarding Prior Pro ceedings. The City Council finds and determines that all prior proceedings had and taken by the City Council with respect to the annexation of territory to CFD No. 2019 -1 are valid and in conformity with the requirements of the Act.

SECTION 5. Levy of Special Tax. As stated in the Resolution of Intention, except where funds are otherwise available, subject to the approval of the qualified electors of territory proposed to be annexed to CFD No. 2019-1, a special tax sufficient to pay the costs of the Services (including incidental expenses as described in the Resolution of Intention), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2019-1, will be levied annually in CFD No. 2019-1. The rate and method of apportionment, and manner of collection of the special tax are specified in Exhibit B hereto.

SECTION 6. Apportionment of Tax. The special tax as apportioned to each parcel is based on the cost of making the Services available to each parcel, or other reasonable basis, and is not based on or upon the ownership of real property.

SECTION 7. Tax Roll Preparation. The office of the Public Works Director, 201 North “E” Street, San Bernardino, California 92418, is hereby designated as the office that will be responsible for annually preparing a current roll of special tax levy obligations by assessor’s parcel number and that will be responsible for estimating future special tax levies pursuant to Government Code section 53340.2. The Public Works Director may cause these functions to be performed by his or her deputies, assistants, or other designated agents.

SECTION 8. Accountability Measures. Pursuant to Section 50075.1 of the California Government Code, the City shall create a separate account into which tax procee ds will be deposited; and the Public Works Director annually shall file a report with the City Council that will state (a) the amount of funds collected and expended and (b) the status of the Services financed in CFD No. 2019-1.

SECTION 9. Special Election; Voting Procedures. The City Council hereby submits the questions of levying the special tax within the territory proposed to be annexed to the qualified electors, in accordance with and subject to the Act. The special election shall be held on April 6, 2022, and shall be conducted as follows:
(a) Qualified Electors. The City Council hereby determines that the Services are necessary to meet increased demands placed upon the City as a result of development occurring within the boundaries of CFD No. 2019 -1. Because fewer than twelve registered v oters resided within the territory proposed to be annexed to CFD No. 2019 -1 on March 2, 2022 (a date within the 90 days preceding the close of the public hearing on the territory proposed to be annexed to CFD No. 2019-1), the qualified electors shall be the landowners within territory proposed to be annexed, and each landowner who was the owner of record at the close of the hearing shall have one vote for each acre or portion of an acre of land that such landowner owns within the territory proposed to be annexed to CFD No. 2019-1.
(b) Consolidation of Elections; Combination of Propositions on Ballot. The election on the question of levying the special tax and establishing an appropriations limit for CFD

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No. 2019-1 shall be consolidated, and the two prop ortions shall be combined into a single ballot proposition for submission to the voters, as authorized by Government Code Section 53353.5. (c) Mail Ballot Election. Pursuant to Government Code section 53327.5, the election shall be conducted as a mail bal lot election. The City Council hereby ratifies the City Clerk’s delivery of a ballot to each landowner within the territory proposed to be annexed to CFD No. 2019-1. The City Council hereby ratifies the form of the ballot, which is attached hereto as Exhibit C.
(d) Return of Ballots. The City Clerk shall accept the ballots of the landowners up to 7:00 p.m. on April 6, 2022. The City Clerk shall have available ballots that may be marked at the City Clerk’s office on the election day by voters. Once all qualified electors have voted, the City Clerk may close the election.
(e) Canvass of Election. The City Clerk shall commence the canvass of the returns of the special election as soon as the election is closed (on April 6, 2022, or when all qualified electors have voted) at the City Clerk’s office. At the conclusion of the canvass, the City Clerk shall declare the results of the election.
(f) Declaration of Results. The City Council shall declare the results of the special election following the completion of the canvass of the returns and shall cause to be inserted into its minutes a statement of the results of the special election as ascertained by the canvass of the returns.

SECTION 10. Filing of Resolution and Map with City Clerk. The City Council he reby directs the City Clerk to file a copy of this resolution and the annexation map of the boundaries of CFD No. 2019-1 in her office.

SECTION 11. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 12. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 13. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 6th day of April 2022.

John Valdivia, Mayor
City of San Bernardino

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Attest:

Genoveva Rocha, CMC, City Clerk

Approved as to form:

Sonia Carvalho, City Attorney

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )

I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-65, adopted at a regular meeting held on the 6th day of April 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk

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EXHIBIT A

DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of San Bernardino Community Facilities Dist rict No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) Annexation No. 12 is currently comprised of one parcel, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Numbers (APN).

APN Owner Name
0281-061-35 Dreamland Real Estate Holdings

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EXHIBIT B
City of San Bernardino 1
Community Facilities District No. 2019‐1 (Maintenance Services) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES) OF THE CITY OF SAN BERNARDINO

A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined below) in Community Facilities District No. 2019‐1 (Maintenance Services) (the “CFD No. 2019‐1” or “CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2019, in an amount determined by the City Council of the City of San Bernardino, acting in its capacity as the legislative body of CFD No. 2019‐1, by applying the rate and method of apportionment set forth below. All of the real property in CFD No. 2019‐1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein.

A. DEFINITIONS

“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the
applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator.

“Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation, annexation, and administration of CFD No. 2019‐1 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs to the City, CFD No. 2019‐1, or any designee thereof associated with fulfilling the CFD No. 2019‐1 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2019‐1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees including payment of a proportional share of salaries and benefits of any City employees and City overhead whose duties are related to the administration and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019‐1 for any other administrative purposes of CFD No. 2019‐1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.

“Administrator” means the City Manager of the City of San Bernardino, or his or her designee.

“Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final Map
that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being levied, and that have not been issued a building permit on or prior to the March 1 preceding the Fiscal year in which the special tax is being levied.

“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of San Bernardino.

“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.

“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County
Assessor of the County.

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City of San Bernardino 2
Community Facilities District No. 2019‐1 (Maintenance Services) “Building Square Footage” or “BSF” means the floor area square footage reflected on the original construction building permit issued for construction of a building of Non‐Residential Property and any Building Square Footage subsequently added to a building of such Taxable Property after issuance of a building permit for expansion or renovation of such building.

“Calendar Year” means the period commencing January 1 of any year and ending the following December 31.

“CFD” or “CFD No. 2019‐1” means the City of San Bernardino Community Facilities District No. 2019‐ 1 (Maintenance Services).

“City” means the City of San Bernardino.

“Contingent
Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Services as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax B (Contingent) levy as determined by the Administrator.

“County” means the County of San Bernardino.

“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit for new construction has
been issued on or prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied.

“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G.

“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line
adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision.

“Fiscal Year” means
the period from and including July 1st of any year to and including the following June 30th.

“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is being levied.

“Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B (Contingent), as applicable.

“Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property
within CFD No. 2019‐1.

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City of San Bernardino 3
Community Facilities District No. 2019‐1 (Maintenance Services) “Maximum Special Tax B (Contingent)” means the Maximum Special Tax B (Contingent), as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019‐1.

“Multi‐Family Residential Property” means any Assessor’s Parcel of residential property that consists
of a building or buildings comprised of attached Residential Units sharing at least one common wall with another unit.

“Non‐Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a building permit(s) was issued for a non‐residential use. The Administrator shall make the determination if an Assessor’s Parcel is Non‐Residential Property.

“Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s association established to maintain certain landscaping within a Tax Zone.

“Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy
to the Maximum Special Tax is the same for all Parcels of Developed Property with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and (iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone.

“Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator.

“Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed Residential Units have been constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential
Units.

“Service(s)” means services permitted under the Mello‐Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2019‐1 as set forth in the documents adopted by the City Council at the time the CFD was formed.

“Single Family Residential Property”
means any residential property other than Multi‐Family Residential Property on an Assessor’s Parcel.

“Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property.

“Special Tax A” means the annual special tax to be
levied in each Fiscal Year on each Assessor’s Parcel
of Taxable Property to fund the Special Tax A Requirement.

"Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019‐1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) maintenance and lighting of parks, parkways, streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A Requirement include funds for Bonds.

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City of San Bernardino 4
Community Facilities District No. 2019‐1 (Maintenance Services) “Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if required.

"Taxable Property" means all Assessor’s Parcels within CFD No. 2019‐1, which are not Exempt Property.

“Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies the Tax Zone in CFD No. 2019‐1 at formation; additional Tax Zones may be created when property is annexed into the CFD.

"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1.

"Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a
Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for subdivision.

“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property.

B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels
of Taxable Property within CFD No. 2019‐1 shall be classified as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed Property and Approved Property shall be classified as either Residential Property or Non‐Residential Property. Residential Property shall be further classified as Single Family Residential Property or Multi‐Family Residential Property and the number of Residential Units shall be determined by the Administrator.

C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Residential Property, all such Assessor’s Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon as specified in or shown on the building permit(s) issued or Final Map as determined by the Administrator. For Parcels of undeveloped property zoned for development of single family attached or multi‐family units, the number of Residential Units shall be determined by referencing the condominium plan, apartment plan, site plan or other development plan, or by assigning the maximum allowable units permitted based on the underlying zoning for the Parcel. Once a single family attached or multi‐family building or buildings have been built on an Assessor's Parcel, the Administrator shall determine the actual number of Residential Units contained within the building or buildings, and the Special Tax A levied against the Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential Unit identified for the Tract below or as included in Appendix A as each Annexation occurs.

For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Non‐Residential Property, all such Assessor’s

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Community Facilities District No. 2019‐1 (Maintenance Services) Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone below or as included in Appendix A as each Annexation occurs.

1. Special Tax A
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for Developed Property for Fiscal Year 2019‐2020 within Tax Zone 1 is identified in Table 1 below:

TABLE 1
MAXIMUM SPECIAL TAX A RATES
DEVELOPED PROPERTY

Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 17170 Single Family Residential Property RU $961

(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final.

b. Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved property Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 2 below:

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Community Facilities District No. 2019‐1 (Maintenance Services) TABLE 2
MAXIMUM SPECIAL TAX A RATES
APPROVED PROPERTY

Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 17170 Single Family Residential RU $961

On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

c. Undeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped Property for Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 3 below:

TABLE 3
MAXIMUM SPECIAL TAX A RATES
UNDEVELOPED PROPERTY

Tax Zone Tracts Taxable Unit Maximum Special Tax A
1 TR 17170 Acre $4,338

On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

2. Special Tax B (Contingent)
The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its bligation to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by the Administrator, in each of the following circumstances:

(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or (d) The POA fails to provide the Contingent Services at the same level as the City provides similar services and maintains similar improvements throughout the City and within ninety (90) days after written notice from the City, or such longer period permitted by the City Manager, fails to remedy the deficiency to the reasonable satisfaction of the City Council.

a. Developed Property

(i) Maximum Special Tax B (Contingent)

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Community Facilities District No. 2019‐1 (Maintenance Services) The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 4 below:

TABLE 4
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
DEVELOPED PROPERTY

Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0

(ii) Increase in the Maximum Special Tax B (Contingent) On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax B (Contingent) that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final.

b. Approved Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 5 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.

The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within the Tax Zone is identified in Table 5 below:

TABLE 5
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
APPROVED PROPERTY

Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0

On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for

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Community Facilities District No. 2019‐1 (Maintenance Services) Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

c. Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 6 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.

The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within the Tax Zone is identified in Table 6 below:

TABLE 6
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
UNDEVELOPED PROPERTY

Tax Zone
Tracts Taxable Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Acre $0

On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX

1. Special Tax A
Commencing with Fiscal Year 2019‐20 and for each following Fiscal Year, the Council shall determine the Special Tax A Requirement and shall levy the Special Tax A on all Assessor’s Parcels of Taxable Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows:

First: The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed
Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special Tax A Requirement for such Tax Zone;

Second: If additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first step has been completed, the Special Tax A shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for Approved Property;

Third: If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone
after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax A for Undeveloped Property.

2. Special Tax B (Contingent)
Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent) Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of

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Community Facilities District No. 2019‐1 (Maintenance Services) Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals the Special Tax B ( Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) Shall be levied for each Fiscal Year as follows:

First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed
Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy the Contingent Special Tax B Requirement;

Second: If additional moneys are needed to satisfy the Contingent Special Tax B Requirement after the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Approved Property;

Third: If additional monies are needed to satisfy the Contingent Special Tax B Requirement after the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Undeveloped Property.

E. FUTURE ANNEXATIONS
It is anticipated that additional properties will
be annexed to CFD No. 2019‐1 from time to time. As
each annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services. Based on this analysis, the property to be annexed, pursuant to California Government Code section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone when annexed and included in Appendix A.

F. DURATION OF SPECIAL TAX
For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided.

For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services are being provided.

G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2019‐1, any Assessor’s Parcels; (i) which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for public uses; or (iv) which is in use in the performance of a public function as determined by the Administrator.

H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax that is disputed. A representative(s) of CFD No. 2019‐1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s).

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Community Facilities District No. 2019‐1 (Maintenance Services)

I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2019‐1 may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations.

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Community Facilities District No. 2019‐1 (Maintenance Services) APPENDIX A

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)

COST ESTIMATE

Special Tax A Services ‐ The estimate breaks down the costs of providing one year's maintenance services for Fiscal Year 2022‐23. These services are being funded by the levy of Special Tax A for Community Facilities District No. 2019‐1.

TAX ZONE 13
LLA 2020‐004

Item Description Estimated Cost
1 Streets $396
2 Reserves $250
3 Admin $500
Total $1,146

Special Tax B Contingent Services – There are no services being funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2019‐1. However, additional Tax Zones may have Special Tax B Contingent Services being provided.

TAX ZONE 13
FY 2022‐23 MAXIMUM SPECIAL TAX RATES
DEVELOPED PROPERTY AND APPROVED PROPERTY

Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Non‐Residential Property Acre $1,169 $0

TAX ZONE 13
FY 2022‐23 MAXIMUM SPECIAL TAX RATES
UNDEVELOPED PROPERTY

Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $1,169 $0

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City of San Bernardino 12
Community Facilities District No. 2019‐1 (Maintenance Services) TAX ZONE SUMMARY

Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax B

Subdivider
Original 1 17170 2019‐20 $961 / RU $0 / RU Santiago Communities, Inc. 1 2 17329 2019‐20 $473 / RU $0 / RU JEC Enterprises, Inc. 2 3 PM 19814 2020‐21 $608 / Acre $0 / Acre GWS #4 Development, LLC 3 4 0266‐041‐39 2019‐20 $1,136 / Acre $0 / Acre Devore Storage Facility, LLC 4 5 TR 20006 2020‐21 $344 / RU $57 / RU TH Rancho Palma, LLC 5 6 PM 19701 2020‐21 $1,895 / Acre $528 / Acre Strata Palma, LLC 6 7 PM 20112 2020‐21 $3,197 / Acre $0 / Acre San Bernardino Medical Center LLC
7 8 TR 20293 2021‐22 $2,913 / Acre $334 / Acre ICO Fund VI, LLC 8 9 LM 2019‐021 2021‐22 $815 / Acre $232 / Acre TR 2600 Cajon Industrial LLC 9 10 TR 20189 2021‐22 $490 / Acre $154 / Acre Central Commerce Center, LLC 10 11 LD 1900086 2021‐22 $1,472 / Acre $0 / Acre Lankershim Industrial, LLC 11 12 TR 20305 2022‐23 $175 / Acre $0 / Acre Prologis, LP 12 13 LLA 2020‐004 2022‐23 $1,169 / Acre $0 / Acre Dreamland Real Estate Holdings 13 14 TR 5907 2022‐23 $2,268 / Acre $0 / Acre Magic Laundry Services, Inc. 14 15 0136‐191‐21 2022‐23 $6,571 / Acre $0 / Acre Ahmad Family Trust 15 16 TR 20216 2022‐23 $7,089 / Acre $0 / Acre Gateway SB, LLC

ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 2020 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

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Community Facilities District No. 2019‐1 (Maintenance Services) APPENDIX B

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES) DESCRIPTION OF AUTHORIZED SERVICES

The services which may be funded with proceeds of the special tax of CFD No. 2019‐1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right‐of‐ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and

(b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right‐of‐way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and

(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019‐1; as well as local roads within residential subdivisions located within CFD No. 2019‐1; and any portions adjacent to the properties within CFD No. 2019‐1; and

In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment.

The above services shall be limited to those provided within the boundaries of CFD No. 2019‐1 or for the benefit of the properties within the boundaries of CFD No. 2019‐1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019‐1 only to the extent that they are in addition to those provided in the territory of CFD No. 2019‐1 before CFD No. 2019‐1 was created.

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Community Facilities District No. 2019‐1 (Maintenance Services) APPENDIX C

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES) PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES

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Resolution 2022-66
April 6, 2022

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RESOLUTION NO. 2022-66

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA

DECLARING ELECTION RESULTS FOR COMMUNITY
FACILITIES DISTRICT NO. 2019 -1 (MAINTENANCE
SERVICES) (ANNEXATION NO. 12)

WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore conducted proceedings for the area proposed to be annexed to Community Facilities District No. 2019 -1 (Maintenance Services) (the "CFD No. 2019 -1") of the City of San Bernardino, including conducting a public hearing pursuant to Section 53339.5 of the Government Code; and
WHEREAS, at the conclusion of said public hearing, the City Council adopted a resolution calling a special election for April 6, 2022, and submitting to the qualified electors of the territory to be annexed to the CFD No. 2019 -1 the question of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property as provided in the form of special election ballot; and
WHEREAS, a Certificate of Election Results, attached thereto as Exhibit A, dated April 6, 2022, executed by the City Clerk (or, in the absence of the City Clerk, the Acting City Clerk – in either case, the “Clerk”), has been filed with this Council, certifying that a completed ballot has been returned to the Clerk for each landowner -voter(s) eligible to cast a ballot in said special election, with all votes cast as “Yes” votes in favor of the ballot measure, and further certifying on said basis that the special mailed-ballot election was closed; and WHEREAS, this Council has received, reviewed and hereby accepts the Clerk’s Certificate of Election Results and wishes by this resolution to declare the results of the special mailed-ballot election;

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Ballot Measure. This Council hereby finds, determines and declares that the ballot measure submitted to the qualified electors of the territory to be annexed to CFD No. 2019-1 has been passed and approved by those qualified electors in accordance with Sections 53328 and 53329 of the Government Code.

SECTION 3. Annexation. This Council hereby finds, determines and declares that pursuant to Section 53339.8 of the Government Code, the City Council is authorized to determine that the territory to be annexed has been added to and become a part of the CFD No. 2019 -1 with full legal effect, and the City Council is also authorized, pursuant to said Section 53339.8, to

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Resolution 2022-66
April 6, 2022

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annually levy special taxes within the territory to be annexed to pay the costs of the services to be provided by the CFD No. 2019 -1 as specified in Re solution No. 2022-46 adopted by the City Council on March 2, 2022. The boundaries of the territory annexed are shown on the map entitled, "Annexation Map No. 12 Community Facilities District No. 2019 -1 (Maintenance Services)" a copy of which was recorded, on March 3, 2022 , in Book 90 of Maps of Assessment and Community Facilities Districts at Page 8, in the office of the San Bernardino County Recorder.

SECTION 4. Notice of Special Tax Lien. Pursuant to Section 53339.8 of the Government Code and Section 3117.5 of the Streets and Highways Code, the City Clerk shall cause to be filed with the County Recorder of the County of San Bernardino an amendment of the notice of special tax lien and a map of the amended boundaries of the CFD No. 2019 -1 including the an nexed territory.

SECTION 5. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 7. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 6th day of April 2022.

John Valdivia, Mayor
City of San Bernardino

Attest:

Genoveva Rocha, CMC, City Clerk

Approved as to form:

Sonia Carvalho, City Attorney

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Resolution 2022-66
April 6, 2022

Page 3 of 3 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )

I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-66, adopted at a regular meeting held on the 6th day of April 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk

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Attachment: Attachment 6 - Resolution No. 2022-66 - Resolution Declaring Election Results (8844 : Public Hearing on Annexation No. 12 to

EXHIBIT A

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 12

CERTIFICATE OF ELECTION RESULTS

I, the undersigned, being the City Clerk or the Acting City Clerk, as the case may be, hereby certify:

In connection with the special mailed-ballot election called by the City Council (the “City Council”) of the City of San Bernardino (the “City”) on this same date in the proceedings of the City Council for the annexation of territory to the above-entitled community facilities district, I personally received (a) a signed and dated waiver and consent form and (b) a signed, dated and marked election ballot (s) on behalf of the owner(s) listed below, the entity named as the sole landowner of the land within the boundary of the above-entitled community facilities district in the Certificate Regarding Registered Voters and Landowners, date March 2, 2022, and on file in the office of the City Clerk of the City in connection with the City Council actions on that date. Copies of the completed waiver and consent form and the completed ballot received by me and on file in my office are attached hereto.

Following such receipt, I have personally, and in the presenc e of all perso ns present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify the result of that count to be that the ballot was cast in favor of the measure.

Based upon the foregoing, all votes that were cast having been cast “Yes”, in favor of the ballot measure, the measure has therefore passed.

Landowner
Qualified
Landowner Votes Votes Cast YES NO
Dreamland Real Estate Holdings 1 1

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 2022.

Genoveva Rocha, CMC
City Clerk
City of San Bernardino

By:

(Attach completed copies of Waiver/Consent and Ballot)

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Attachment: Attachment 7 - Exhibit A - Certificate of Election Results (8844 : Public Hearing on Annexation No. 12 to Community Facilities Ordinance MC-1577
1 ORDINANCE NO. MC-1577

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING ORDINANCE NO. MC -1522 AND LEVYING

SPECIAL TAXES TO BE COLLECTED DURING FISCAL
YEAR 202 2-2023 TO PAY THE ANNUAL COSTS OF THE

MAINTENANCE AND SERVICING OF LANDSCAPING,

LIGHTING, WATER QUALITY IMPROVEMENTS,

GRAFFITI, STREETS, STREET SWEEPING, PARKS AND

TRAIL MAINTENANCE, A RESERVE FUND FOR

CAPITAL REPLACEMENT, AND ADMINISTRATIVE

EXPENSES WITH RESPEC T TO CITY OF SAN
BERNARDINO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES)

WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a community facilities district to be known as "City of San Bernardino Community Facilities District No. 2019- 1 (Maintenance Services), County of San Bernardino , State of California" (the "Community Facilities District"), is proposed to be established under the provisions of Chapter 2,5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and fixing the time and place for a public hearing on the formation of the Community Facilities District; and

WHEREAS, notice was published and mailed to the owners of the property in the Community Facilities District as required by law relative to the intention of the City Council to establish the Community Facilities District and the levy of the special taxes therein to provide certain services, and of the time and place of said public hearing; and

WHEREAS, on April 6, 2022, at the time and place specified in said published and mailed notice, the City Council opened and held a public hearing as required by law relative to the formation of the Community Facilities District, the levy of the special taxes therein and the provision of services by the Community Facilities District; and

WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District, the levy of the special taxes and the provision of services therein were heard, and a full and fair hearing was held; and

WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled "Resolution of the City Council of the City of San Bernardino Establishing Calling An Election for the Purpose of Submitting the Question of the Levy of the Prop osed Special Tax to the Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of Special Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District" (the "Resolution of Formation") which resolution established the Community Facilities District, authorized the levy of a special tax within the District, and called an election within the District on

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Attachment: Attachment 8 - Ordinance MC-1577 (8844 : Public Hearing on Annexation No. 12 to Community Facilities District 2019-1 (Ward 3)) Ordinance MC-1577
2 the proposition of levying a special tax, and establishing an appropriations limit within the District; and
WHEREAS, an election was held within the Community Facilities District in which the sole eligible landowner elector approved said propositions by more than the two -thirds vote required by the Act.

THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:

SECTION 1. Findings. It is necessary that the City Council of the City of San Bernardino levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the costs of certain types of service s, and related costs within the Community Facilities District, including (i) the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, and park maintenance, (ii) a reserve fund for capital replacement, and (iii) administrative expenses, all as more completely described in Exhibit "A" to Resolution No. 2019-81, attached hereto and by this reference made a part hereof.

SECTION 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for the Fiscal Year 2022-2023, and each Fiscal Year thereafter, on all parcels of real property within the District which are subject to taxation, which are identified in Exhibit "B" attached hereto. Pursuant to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem taxes.

SECTION 3. Transmittal to County. The City Clerk shall immediately following adoption of this ordinance transmit a copy hereof to the Board of Supervisors and the County Auditor of the County of San Bernardino together with a request that the special taxes as levied hereby be collected on the tax bills for the parcels identified in Exhibit "B" hereto, along with the ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels.

SECTION 4. Authorization to Publish Ordinance. City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California.

SECTION 5. Effective Date. This ordinance shall become effective thirty (30) days after its adoption.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ______day of____ 2022.

John Valdivia, Mayor
City of San Bernardino

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Attachment: Attachment 8 - Ordinance MC-1577 (8844 : Public Hearing on Annexation No. 12 to Community Facilities District 2019-1 (Ward 3)) Ordinance MC-1577
3 Attest:

Genoveva Rocha, CMC, City Clerk

Approved as to form:

Sonia Carvalho, City Attorney

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Attachment: Attachment 8 - Ordinance MC-1577 (8844 : Public Hearing on Annexation No. 12 to Community Facilities District 2019-1 (Ward 3)) Ordinance MC-1577
4 CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )

I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-____, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the ____ day of ______, 2022. Ordinance No. MC-____ was approved, passed and adopted at a regular meeting held the ____ day of ______, 2022 by the following vote:

WITNESS my hand and official seal of the City of San Bernardino this ____ day of _____, 2022.

Genoveva Rocha, CMC, City Clerk

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Attachment: Attachment 8 - Ordinance MC-1577 (8844 : Public Hearing on Annexation No. 12 to Community Facilities District 2019-1 (Ward 3))

EXHIBIT A

DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by Section 53313 of the Act, will inc lude all costs attribut able to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other simila r landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, parkways , streets, roads and open space, which maintenance and lighting services may inc lude, without lim itation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation s ituated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal fr om and maintenance and repair of public struc tures situated on parks, parkway s, streets, roads and open space; maintena nce and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water qualit y improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replac ement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appur tenant facilities, clearing of inle ts and outlets; erosion repairs; and cleanup to improvements, and other it ems necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential s ubdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1.

In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of intention.

The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019-1 only to the extent that they are in addition to those pr ovided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created.

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Attachment: Attachment 9 - Exhibit A - Description of Services (8844 : Public Hearing on Annexation No. 12 to Community Facilities District

EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2022-23
(Effective as of April 20, 2022)

ASSESSOR'S PARCEL NUMBERS
Annexation Owner Assessor's Parcel Numbers
Original Formation Cauffman Family Trust 4/20/98 0142-041-43 Cauffman Family Trust 5/4/11 0142-041-46
1 17329, LLC 0348-111-52, 0261-031-10, -11,
and 0261-062-11 thru -14
2 GWS #4 Development, LLC 0141-431-24
3 Devore Stora ge Facility, LLC 0266-041-39
4 TH Rancho Palma, LLC 0261-181-16, -17
5 Strata Palma, LLC 0261-182-41
6 San Bernardino Medical Center, LLC 0147-114-01
7 ICO Fund VI, LLC 0281-161-48
8 TR 2600 Ca jon Industrial LLC 0148-122-04
9 Central Commerce Center, LLC 0280-151-02 thru -09, -20, -21 10 Lankershim Industrial, LP 1192-311-01
11 Prologis, LP
0137-011-01, -31, 0137-051-27
(Por.), 0137-052-46, 0274-011-11,
-12, -34, -35, -42, -43
12 Dreamland Real Estate Holdin gs 0281-061-35
13 Ma gic Laundry Services, Inc. 0141-282-05 an d -06

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Attachment: Attachment 10 - Exhibit B - Parcel List [Revision 1] (8844 : Public Hearing on Annexation No. 12 to Community Facilities District

PETITION TO THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO

REQUESTING ANNEXING TERRITORY INTO A COMMUNITY FACILITIES DISTRICT NO. 2019-1 OF THE CITY OF SAN BERNARDINO AND A WAIVER WITH RESPECTS

TO CERTAIN PROCEDURAL MATTERS UNDER THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 AND CONSENTING TO THE LEVY OF SPECIAL TAXES

THEREON TO PAY THE COSTS OF SERVICES TO BE PROVIDED BY THE

COMMUNITY FACILITIES DISTRICT

1. The undersigned requests that the City Council of the City of San Bernardino, initiate and conduct proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”) (Government Code Section 53311 et seq. ), to annex territory into Communi ty Facilities District No. 2019-1 (Maintenance Services) (the “Community Facilities District”) of the property described below and consents to the annual levy of special taxes on such property to pay the costs of services to be provided by the community facilities district.

2. The undersigned requests that the community facilities district provide any services that are permitted under the Act including, but not limited to, all necessary service, operations, administration and maintenance required to keep the landscape lighting, street lighting, traffic signals, flood control facilities, ground cover, shrubs, plants and trees, irrigation system s, graffiti removal, sidewalks and masonry walls, fencing entry monuments, tot lot equipment and associat ed appurtenant facilities within the district in a healthy, vigorous and satisfactory working condition.

3. The undersigned hereby certifies that as of the date indicated opposite its signature, it is the owner of all the property within the propos ed boundaries of the Community Facilities District as described in Exhibit A hereto and as shown on the map Exhibit B hereto.

4. The undersigned requests that a special election be held under the Act to authorize the special taxes for the proposed community facilities district. The undersigned waives any requirement for the mailing of the ballot for the special election and expressly agrees that said election may be conducted by mailed or hand-delivered ballot to be returned as quickly as possible to the designated election official, being the office of the City Clerk and t he undersigned request that the result s of said election be canvassed and reported to the City Council at the same meeting of the City Council as the public hearing on the creation of the Community Facilities District or at the next available meeting.

5. Pursuant to Sections 53326(a) and 53327( b) of the Act, the undersigned expressly waives all applicable waiting periods for the election and waives the requirement for analysis and arguments relating to the special election, and consents to not ha ving such materials provided to the landowner in the ballot packet, and expressly waives any requirements as to the form of the ballot. The undersigned expressly waives all notice requirements relating to hearings and special elections (except for published notices required by the Act), and whether such requirements are found in the California Elections Code, the California Government Code or other laws or procedures, incl uding but not limited to any notice provided for by compliance with the provisions of Section 4101 of the California Elections Code.

6. The undersigned hereby consents to and expr essly waives any and all claims based on any irregularity, error, mistake or departure from the provisions of th e Act or other laws of the State and any and all laws and requirements inco rporated therein, and no step or acti on in any proceeding relative to annexing territory into Community Facilities District No. 2019-1 of the portion of the incorporated area of the

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Attachment: Attachment 11 – Petition (8844 : Public Hearing on Annexation No. 12 to Community Facilities District 2019-1 (Ward 3))

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Attachment: Attachment 11 – Petition (8844 : Public Hearing on Annexation No. 12 to Community Facilities District 2019-1 (Ward 3))

INSERT EXHIBIT A: BOUNDARY DESCRIPTION

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Attachment: Attachment 11 – Petition (8844 : Public Hearing on Annexation No. 12 to Community Facilities District 2019-1 (Ward 3))

Page 1 of 6 ends

EXHIBIT “A”

LEGAL DESCRIPTION BEFORE LOT LINE ADJUSTMENT
LOT LINE ADJUSTMENT NO. LLA 2020-004

PARCEL 1:

PARCEL “A” OF LOT LINE ADJUSTMENT NO. LLA 2014-003, RECORDED AS INSTRUMENT NO. 2015-0483818 RECORDS OF SAN BERNARDINO COUNTY, I N THE CITY OF SAN BERNARDINO, SAID COUNTY, STATE OF CALIFORNIA.

APN: 0281-061-28

PARCEL 2:

PARCEL “B” OF LOT LINE ADJUSTMENT NO. LLA 2014-003, RECORDED AS INSTRUMENT NO. 2015-0483818 RECORDS OF SAN BERNARDINO COUNTY, I N THE CITY OF SAN BERNARDINO, SAID COUNTY, STATE OF CALIFORNIA.

APN: 0281-061-29

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Attachment: Attachment 11 – Petition (8844 : Public Hearing on Annexation No. 12 to Community Facilities District 2019-1 (Ward 3))

Page 2 of 6 ends

EXHIBIT “B”

LEGAL DESCRIPTION AFTER LOT LINE ADJUSTMENT
LOT LINE ADJUSTMENT NO. LLA 2020-004

NEW PARCEL “A”:

THAT PORTION OF PARCEL “A” AND PARCEL “B” OF LOT LINE ADJUSTMEN T NO.

LLA 2014-003, RECORDED AS INSTRUMENT NO. 2015-0483818, RECORDS OF SAN

BERNARDINO COUNTY, IN THE CITY OF SAN BERNARDINO, SAID COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID PARCEL “A”;

THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL “A” NORTH 89°33’06” EAST A DISTANCE OF 197.32 FEET TO THE SOUTHWESTERLY CORNER OF S AID PARCEL “B”;

THENCE ALONG THE SOUTHERLY LINE OF S AID PARCEL “B” NORTH 89°33’06” EAST A DISTANCE OF 104.75 FEET;

THENCE LEAVING SAID SOUTHERLY LINE NORTH 36°38’09” WEST A DISTANCE OF 163.80 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST, AND HAVING A RADIUS OF 43.00 FEET;

THENCE ALONG SAID TANGENT CURVE AN ARC DISTANCE OF 13.98 FEET THROUGH A CENTRAL ANGLE OF 18°37’ 42” TO THE BEGINNING OF A TANG ENT LINE;

THENCE NORTH 55°15’51” WEST ALONG SAID TANGENT LINE A DISTANCE OF

16.84 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE NORTHEAST, AND HAVING A RADIUS OF 50.00 FEET;

THENCE ALONG SAID TANGENT CURVE AN ARC DISTANCE OF 36.41 FEET THROUGH A CENTRAL ANGLE OF 41°43’ 42” TO THE BEGINNING OF A TANG ENT LINE;

THENCE NORTH 13°32’09” WEST ALONG SAID TANGENT LINE A DISTANCE OF

25.69 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF HOSPITALITY LANE, 46.00 FOOT HALF-WIDTH, AS SHOWN ON SAID LLA 2014-003, SAI D POINT ALSO BEING ON THE NORTHERLY LINE OF SAID PARCEL “A” AND THE

BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE NORTH, AND HAV ING A RADIUS OF 596.00 FEET, A RADIAL T O SAID NON-TANGENT CURVE BEA RS NORTH 13°32’09” WEST;

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Page 3 of 6 ends

THENCE WESTERLY ALONG SAID SOUTHERLY RIGHT OF WAY LINE AN ARC DISTANCE OF 129.85 FEET THROUGH A CENTRAL ANGLE OF 12°29’00” TO A N ANGLE POINT;

THENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL “A” SOUTH 44°02’18” WEST A DISTANCE OF 38.93 FEET TO A POINT ON THE EASTE RLY RIGHT OF WAY LINE OF WATERMAN AVENUE, 54.00 FOOT HALF-WIDTH AS SHOWN ON SAID LLA 2014-003, SAID POINT BEING ON THE WESTERLY LINE OF SAI D PARCEL “A”;

THENCE ALONG SAID EASTERLY RIGHT OF WA Y LINE SOUTH 00°26’54” WEST A DISTANCE OF 163.01 FEET TO THE SOUTHWESTERLY CORNER OF SAID PAR CEL “A” AND THE POINT OF BEGINNING.

CONTAINING APPROXIMATELY 1.01 ACRES.

NEW PARCEL “B”:

THAT PORTION OF PARCEL “A” AND PARCEL “B” OF LOT LINE ADJUSTMEN T NO.

LLA 2014-003, RECORDED AS INSTRUMENT NO. 2015-0483818, RECORDS OF SAN

BERNARDINO COUNTY, IN THE CITY OF SAN BERNARDINO, SAID COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID PARCEL “A”;

THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL “A” NORTH 89°33’06” EAST A DISTANCE OF 197.32 FEET TO THE SOUTHWESTERLY CORNER OF S AID PARCEL “B”;

THENCE ALONG THE SOUTHERLY LINE OF S AID PARCEL “B” NORTH 89°33’06” EAST A DISTANCE OF 104.75 FEET TO THE TRUE POINT OF BEGINNING;

THENCE LEAVING SAID SOUTHERLY LINE NORTH 36°38’09” WEST A DISTANCE OF 163.80 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST, AND HAVING A RADIUS OF 43.00 FEET;

THENCE ALONG SAID TANGENT CURVE AN ARC DISTANCE OF 13.98 FEET THROUGH A CENTRAL ANGLE OF 18°37’ 42” TO THE BEGINNING OF A TANG ENT LINE;

THENCE NORTH 55°15’51” WEST ALONG SAID TANGENT LINE A DISTANCE OF

16.84 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE NORTHEAST, AND HAVING A RADIUS OF 50.00 FEET;
THENCE ALONG SAID TANGENT CURVE AN ARC DISTANCE OF 36.41 FEET THROUGH A CENTRAL ANGLE OF 41°43’ 42” TO THE BEGINNING OF A TANG ENT LINE;

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Page 4 of 6 ends

THENCE NORTH 13°32’09” WEST ALONG SAID TANGENT LINE A DISTANCE OF

25.69 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF HOSPITALITY LANE, 46.00 FOOT HALF-WIDTH AS SHOWN ON SAID LLA 2014-003, SAID P O I N T ALSO BEING ON THE NORTHERLY LINE OF SAID PARCEL “A” AND THE

BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE NORTH, AND HAV ING A RADIUS OF 596.00 FEET, A RADIAL T O SAID NON-TANGENT CURVE BEA RS NORTH 13°32’09” WEST;

THENCE EASTERLY ALONG SAID SOUTHERLY RIGHT OF WAY LINE AN ARC DISTANCE OF 21.93 FEET THROUGH A CE NTRAL ANGLE OF 02°06’31” TO THE NORTHWESTERLY CORNER OF SAID PARCEL “B”;

THENCE CONTINUING EASTERLY ALONG SAID SOUTHERLY RIGHT OF WAY LINE AN ARC DISTANCE OF 49.10 FEET THROUGH A CENTRAL ANGLE OF 04°43’ 14” TO AN ANGLE POINT IN THE NORTHERLY LINE OF SAID PARCEL “B”;

THENCE CONTINUING ALONG SAID NORTHERLY LINE SOUTH 52°57’13” EAST A DISTANCE OF 39.56 FEET TO AN ANGLE POINT IN SAID NORTHERLY LINE;

THENCE CONTINUING ALONG SAID NORTHERLY LINE SOUTH 81°18’33” EAST A DISTANCE OF 64.72 FEET TO THE NORTH EASTERLY LINE OF SAID PARCEL “ B ”

AND THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE NORTHEAST AND HAVE A RADIUS OF 2,915.00 FEET, A RADIAL TO SAID NON- TANGENT CURVE BEARS NORTH 40°18’ 30” EAST, SAID NORTHEASTERLY LI NE ALSO BEING THE SOUTHWESTERLY LINE OF SAN TIMOTEO CREEK CHANNEL;

THENCE SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE AND NON- TANGENT CURVE AN ARC DISTANCE O F 314.46 FEET THROUGH A CENTRAL ANGLE OF 06°10’51” TO THE SOUTHEASTERLY CORNER OF SAID PARCEL “B”;

THENCE A L O N G T H E S O U T H E R L Y L I N E O F S A I D P A R C E L “ B ” S O U T H 8 9 ° 3 3 ’ 0 6 ” WEST A DISTANCE OF 266.06 FEET TO THE POINT OF BEGINNING.

CONTAINING APPROXIMATELY 0.98 ACRES.

EXHIBIT “D” ATTACHED HERE TO AND B Y T H I S R E F E R E N C E M A D E A P A R T HEREOF.

This legal description was prepared by me or under my direction.

________________________________________
Edward J. Bonadiman, P.L.S. Date

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Page 5 of 6 ends

EXHIBIT “C”
OWNERS’ CERTIFICATE
LOT LINE ADJUSTMENT NO. LLA 2020-004

WE HEREBY CERTIFY THAT WE ARE THE ONLY OWNER(S) OF THE PROPERTY AS DESCRIBED IN EXHIBITS “A” AND “B” (ATTACHED) AND I/WE HEREBY CO NSENT

TO THE PREPARATION AND RECORDATION OF A CERTIFICATE OF COMPLIAN CE TO MERGE THE LOTS AS SHOWN ON THESE EXHIBITS.

Michael S Kohl, as sole successor trustee for the Evelyn P Brier Family Trust dated June 18, 2002
PO Box 127
Silverton, OR 97381

__________________________________ _______________ B Y : DATE

ATTACH ALL PURPOSE ACKNOWLEDGMENT

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Attachment: Attachment 11 – Petition (8844 : Public Hearing on Annexation No. 12 to Community Facilities District 2019-1 (Ward 3)) EXHIBIT "D"LEGEND:LOT LINE ADJUSTMENT NO. LLA 2020-004
6LOT LINE ADJUSTMENTLLA NO. 2020-004CITY OF SAN BERNARDINOEST.1941

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Attachment: Attachment 11 – Petition (8844 : Public Hearing on Annexation No. 12 to Community Facilities District 2019-1 (Ward 3))

INSERT EXHIBIT B: TRACT/PARCEL/SUBDIVISION MAP

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Attachment: Attachment 11 – Petition (8844 : Public Hearing on Annexation No. 12 to Community TypeDescriptionAmount
DAILY JOURNAL CORPORATIONLEGAL ADVERTISING P.O. Box 54026 LOS ANGELES CALIFORNIA 90054-0026PHONE: (213) 229-5300 FAX (213) 229-5481FEDERAL TAX ID:95-4133299DateCustomer Account Number Customer Payment Reference Special ProjectOrder NoPage 1 of 1Invoice NumberCALIFORNIA NEWSPAPER SERVICE BUREAUOrdered by:For payment processing, please forward to:DUE UPON RECEIPT.

INVOICEB35668703/23/202203-0271124119954290 NORTH D ST.SAN BERNARDINO, CA 92401 USA290 NORTH D ST.SAN BERNARDINO, CA 92401 USAPERLA LOPEZCITY OF SAN BERNARDINO CITY CLERKACCOUNTS PAYABLECITY OF SAN BERNARDINO CITY CLERK 213.4003/23/202289900 SAN BERNARDINO COUNTY SUNHRGSB NOTICE OF HEARING-SBNOTICE OF PUBLIC HEARING ANNEX FOR CFD 2019-1 ANNEX 12InvoiceB3566870 213.40$ 2.20 * 97 AgateLines * 1 Ins * 1 ColsTo pay online, go to adtech.dailyjournal.com/payment Invoice DateGovernment Advertising - Division 1124Invoice NumberCustomer NumberAmount DueDAILY JOURNAL CORPORATIONATTN: ACCOUNTS RECEIVABLEPO BOX 54026LOS ANGELES, CA 90054-0026 213.40Payment:0.00Total:Please Pay:PLEASE PROCESS FOR PAYMENT IMMEDIATELY. DUE UPON RECEIPT.CALIFORNIA NEWSPAPER SERVICE BUREAU 213.40 213.401124119954B35668703/23/2022SAN BERNARDINO, CA 92401 USA290 NORTH D ST.CITY OF SAN BERNARDINO CITY CLERKACCOUNTS PAYABLEPlease make check payable to: Daily Journal Corporation!A000005977632!invoice with your payment. For account support, 2132295584.or call: [email protected] email:on your check. Also, please detach and return this portion of theTo ensure proper credit please write your account number1124119954

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Attachment: Attachment 12 – Proof of Publication Notice of Public Hearing (8844 : Public Hearing on Annexation No. 12 to Community Facilities This space for filing stamp only

OR#:

O R A N G E C O U N T Y R E P O R T E R

~ SINCE 1921 ~

600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841

PROOF OF PUBLICATION

(2015.5 C.C.P.)

State of California )
County of Orange ) ss
Notice Type:

Ad Description:

I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:

Executed on: 10/10/2004
At Riverside, California
I certify (or declare) under penalty of perjury that the foregoing is true and correct.

Signature

SAN BERNARDINO COUNTY SUN
473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408
(909) 889-9666 (909) 884-2536
SB 3566870

PERLA LOPEZ

CITY OF SAN BERNARDINO CITY CLERK
290 NORTH D ST.

SAN BERNARDINO, CA - 92401

HRGSB - NOTICE OF HEARING-SB
Notice of Public Hearing Annex for CFD 2019-1 Annex 12
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the SAN BERNARDINO COUNTY SUN, a newspaper published in the English language in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN BERNARDINO, State of California, under date 06/27/1952, Case No. 73081. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
03/23/2022
03/28/2022

SAN BERNARDINO
!A000005977633!
Email

NO T ICE O F PUBLIC HEA RING

O N INTENTION TO ANNEX

T ERRITO RY TO AN EXISTIN G

COM MUNITY FA CILITIE S
D ISTRIC T 2019 -1
(M AINTENANCE S ER VICES )
(A N NE XAT ION NO. 12)
NO T ICE IS HEREBY GIVEN tha t
the City Council of the Ci ty of Sa n
Bernardino on March 2,2022ad opted
its Re solution No. 2022 -46,in which it
declared its intention to an nex
territory to existing Comm un ity
Facilities District N o. 2019 -1
(Ma intenance Services) (the "C FD
No. 2019 -1"), an d to levy a special tax
to pay for certain mainten ance
services, all pursua nt to the
provisions of the Mello -Roos
Community Faci lities Act of 1982,
Chap ter 2.5,Par t 1,D ivision 2,T itle
5 of the C alifornia G overnme nt
Code. T he resolution describ es the
territory to be annexed an d
describes the rate and m ethod of
appo rtionment of the pro posed
spe cial tax. No change in the tax
levied in the existing CFD No .2019 -1
isprop osed.

NO T ICE IS HER EB Y FURTHE R
GIVEN that the City Co uncil ha s
fixed 7:00 p.m.,or as soon there after
as practicable, W ednesday, April 6,
2022at the Bing Wong Audi torium of
the N orman F. Feldhe ym Public
Libra ry at 555W. 6th Street, San
Bernardino, Ca lifornia,as the time
and place when and where the City
Counc il will conduct a public
hea ring on the annexatio n of
territory to CFD No. 2019 -1. A t the
hea ring,the test imony of allinterest
person s for or against the
anne xation of the territory or the
levying of the specia l taxes wi ll be
hea rd. If and to the exten t
participation in the April 6, 2022
meeti ng must occur by
teleconference, videoconf erence, or
other electron ic means aut horized
by the Ralph M. Brown Act or an
Ex ecutive Order of the G overnor of
California, the means and me thods
for participating the m eeting sha ll
be posted on the Agenda for said
meeti ng, whi ch shall be posted at
least 72 hours prior to the meet ing on
the Ci ty of San Bernard ino
(www. sbcity.org),and outside of the
Bing Wong A uditorium of the
Norma n F. Feldheym P ublic
Libra ry at 555W. 6th Street, San
Bernardino, Cal ifornia, 92418. A
copy of the Agenda wi ll be m ad e
avai lable upo n request to the Sa n
Bernardino Ci ty Cl erk'soffice at 909 -
384 -5002.

DA TE D: March 15, 2022Gen ov eva
Roch a

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Attachment: Attachment 12 – Proof of Publication Notice of Public Hearing (8844 : Public Hearing on Annexation No. 12 to Community Facilities City Cle rk of the Cit y of Sa n
Bernardino
PU B: Mar ch 23,2022
3/23/22
SBS -3566870#

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Attachment: Attachment 12 – Proof of Publication Notice of Public Hearing (8844 : Public Hearing on Annexation No. 12 to Community Facilities Public Hearing
CFD No. 2019-1 Annexation No. 12:

LLA 2020-004 (Dreamland Real Estate Holdings)
Presented by Alex Qishta Interim Director of Public Works/City Engineer

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Attachment: Attachment 13 - PowerPoint Presentation (8844 : Public Hearing on Annexation No. 12 to Public Hearing on CFD 2019-1 Annexation No. 12
Recommended Action

1. CITY COUNCIL INITIATE ANNEXATION OF TERRITORY TO CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ("CFD NO. 2019-1" OR "CFD") BY TAKING THE FOLLOWING ACTIONS:

A. HOLD PUBLIC HEARING,
B. ADOPT A RESOLUTION CALLING THE ELECTION,
C. HOLD A SPECIAL LANDOWNER ELECTION AND CANVASS THE ELECTION, D. ADOPT A RESOLUTION DECLARING RESULTS OF SPECIAL LANDOWNER ELECTION; AND

2. UPON APPROVAL OF THE PRECEDING RESOLUTIONS, INTRODUCE AN ORDINANCE AMENDING ORDINANCE NO. MC- 1522 AND LEVYING AND APPORTIONING THE SPECIAL TAX IN CFD NO. 2019-1 (AS IT NOW EXISTS AND WILL EXIST IN THE FUTURE); AND

3. SCHEDULE THE FINAL READING AND ADOPTION OF THE AMENDED ORDINANCE FOR MAY 4, 2022.

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Attachment: Attachment 13 - PowerPoint Presentation (8844 : Public Hearing on Annexation No. 12 to Public Hearing on CFD 2019-1 Annexation No. 12
Discussion
• The Property Owner, Dreamland Real Estate Holdings, has requested the City assist them in annexing territory into CFD No. 2019-1 to cover the costs associated with the maintenance of Public Improvements. • The area proposed within Annexation No. 12 includes one parcel APN 0281-061-35.
• On March 2, 2022 the City Council adopted Resolution No. 2022-46, a Resolution of Intention to annex these properties into CFD No. 2019-1 and hold a Public Hearing on April 6, 2022. The property owner consented to waiving certain time restriction and conduct the election the same night.

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Attachment: Attachment 13 - PowerPoint Presentation (8844 : Public Hearing on Annexation No. 12 to Public Hearing on CFD 2019-1 Annexation No. 12
Discussion (Cont.)
• The proposed maximum annual tax of $1,169 per acre will be included in CFD No. 2019-1 as Tax Zone 13.
• The maximum annual tax is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%.

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Attachment: Attachment 13 - PowerPoint Presentation (8844 : Public Hearing on Annexation No. 12 to Public Hearing on CFD 2019-1 Annexation No. 12
Discussion (Cont.)
• The services, which may be funded with proceeds of the special tax include:
• All costs attributable to Maintenance of median landscaping and other public improvements installed within the public rights-of-way
• Public lighting including street lights and traffic signals, • Maintenance of streets, including pavement management, and street sweeping, • Maintenance and operation of water quality improvements including storm drainage and flood protection facilities
• In addition to the costs of the forgoing services, proceeds of the special tax may be expended to pay administrative expenses and for the collection of reserve funds.

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Attachment: Attachment 13 - PowerPoint Presentation (8844 : Public Hearing on Annexation No. 12 to Project Location

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Attachment: Attachment 13 - PowerPoint Presentation (8844 : Public Hearing on Annexation No. 12 to Public Hearing on CFD 2019-1 Annexation No. 12
Fiscal Impact
• It is anticipated that at build-out the total Special Tax revenues to pay for maintenance costs will be approximately $1,146. All costs associated with the annexation is borne by the Developer.

There is no fiscal impact to the City’s General Fund.

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Attachment: Attachment 13 - PowerPoint Presentation (8844 : Public Hearing on Annexation No. 12 to Questions?

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Attachment: Attachment 13 - PowerPoint Presentation (8844 : Public Hearing on Annexation No. 12 to

Page 1 ends

Consent Calendar

City of San Bernardino
Request for Council Action

Date: April 6, 2022

To: Honorable Mayor and City Council Members

From: Genoveva Rocha, City Clerk

Subject: Approval of Mayor City Council Meeting Minutes

Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the minutes from the January 19, and February 2, 2022, Regular Meeting of the Mayor and City Council.
9 Packet Pg. 145

City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org

DRAFT MINUTES

FOR THE

REGULAR MEETING OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS

THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN

BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND

CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY

COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING

AUTHORITY

WEDNESDAY, JANUARY 19, 2022
5:30 PM

The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:30 PM by Mayor John Valdivia on Wednesday, January 19, 2022, at Feldheym Central Library, San Bernardino, CA.

CALL TO ORDER

Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Mayor Pro Tem, Ward 3 Present
Fred Shorett Council Member, Ward 4 Present 5:34 PM
Ben Reynoso Council Member, Ward 5 Present 5:36 PM
Kimberly Calvin Council Member, Ward 6 Present
Damon L Alexander Council Member, Ward 7 Present 5:41 PM John Valdivia Mayor Present
Robert D. Field City Manager Present
Sonia Carvalho City Attorney Present
Courtney Bowen Deputy City Clerk Present

Mayor John Valdivia
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander

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Attachment: Attachment 1 - Draft Minutes January 19, 2022 Regular Meeting (8891 : Approval of Mayor City Council Meeting Minutes) Regular Meeting Agenda January 19, 2022
Mayor and City Council of the City of San Bernardino Page 2 Printed 3/25/2022

CLOSED SESSION PUBLIC COMMENT
Treasure Orti z, San Bernardino , expressed oppos ition to paying the Mayor ’s legal fees or defending him in current court cases.

Paula Plunk, San Bernardino, stated that the Mayor ha s been accused of inappropriate behavior and the City should not fund his legal fees.

CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)): Two Items

B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant ex posure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): One Item.

a. Request from Mayor John Valdivia dated December 8, 2021 (delivered electronically Decem ber 9, 2021) requesting defense in the following cases: Jackie Abou d v. John Val divia, et al., Case No. CIVDS2013562; Karen Cervantes v. John Valdivia, et al., Case No. CIVDS 2012538; Mirna Cisneros v. John Valdivia, et al., Court Case No. CIVDS2012926; Don ald Smith v. John Valdivia, et al., Case No. CIVSB2025375; and Matt hew Brown v. City of San Bernardino, Case No. CIVSB2025900

C. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6):

Agency Designated Representative: City Manager
Employee Organizations: San Bernardino Confidential Management Association

INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Chris Reinhard from Sandals Church led the invocation and the Pledge of Allegiance.

CLOSED SESSION REPORT
City Attorney Sonia Carvalho reported that the Mayor and City Council approved the filing of a receivership action at 2506 N. Sierra Way.

CITY MANAGER UPDATE
At this time, City Manager Robert Field presented a PowerPoint with updates regarding new department directors and employees, Parks and Recreation events, Police Department Academy graduates, and Public Works activities throughout the city.

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS

ATTENDED
The May or and members of the City Council spoke on events, meeting s, and conferences attended and upcoming events in the community . Items of note incl uded the grand opening of the new Panda Express restaurant, the passing of San Bernardino

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Attachment: Attachment 1 - Draft Minutes January 19, 2022 Regular Meeting (8891 : Approval of Mayor City Council Meeting Minutes) Regular Meeting Agenda January 19, 2022
Mayor and City Council of the City of San Bernardino Page 3 Printed 3/25/2022 School Board M ember Dr. Margare t Hill, and “Happy New Year” messages f rom the Mayor and City Council.

PRESENTATIONS

1. Big Brothers Big Sisters of the Inland Empire
January is National Mentoring Month and Big Brothers Big Sisters of the Inland Empire would like to update th e City of San Bernardino on current partnerships and the impact mento ring has on t he youth of the Ci ty. The presentation to the Mayor and City Council includes an update on:
• Programs and services offered to youth;
• Evidence Based Impact;
• ROI to the City; and
• Specifically, this year, mentoring in a pandemic.

City Manager Field reported that th is item will be deferred to a future meeting, due t o the Big Brother Big Sisters of the Inland Empire not being present.

2. Dr. Margaret Hill Day (All Wards)
A proclamation was presented by the Mayor and City Council to the fam ily of Dr.

Margaret Hill, in honor of January 19th 2022 being designated Dr. Margaret Hill Day.

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA

Treasure Ortiz, San Bernardino, stated that the City Council stated that the Mayor has received political contributions from Pan da Express. She thanked the City Mana ger for diversity in hiring.

Paula Plunk, San Bernardino, spoke about the city’s shared values. She stated that the residents deserve bett er from the Mayor and City Council . She noted t hat the current interim Police Chief is no better than his predecessor.

Jessica Alexander, Pastor of Grace Chapel, requested an update regarding a plan check that was submitted to the city on behalf of her church. She has reached out to the City M anager’s office and othe r staff regarding th e status of her permit but has not received a response. She stated that she is trying to obtain a permit to serve the needy.

She would like city staff to give her an update.

Richard Weber, local contractor, spoke about the SB9 and SB10 bills. He stated that there is a conden sed housing population problem and requested that the guidelines for subdivision of lots be expedited. He has plans that are ready to submit.

David Fried man, San Berna rdino, commented on Item #2 0: Resolution Appro ving Applications for Clean California Local Grant Program ; He stated that he s ubmitted an application for a $300,000 grant to revitalize the alley on 4th St. He thanked various staff members for their assistance with the grant.

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Attachment: Attachment 1 - Draft Minutes January 19, 2022 Regular Meeting (8891 : Approval of Mayor City Council Meeting Minutes) Regular Meeting Agenda January 19, 2022
Mayor and City Council of the City of San Bernardino Page 4 Printed 3/25/2022 At this time, the following remote speakers were heard via Zoom:

Nataly Bautista, Pomona Economic Opportunity Center , spoke about the police enforcement event that happened at Home Depot on November 2, 2021 . She believes in fair treatment of street vendors and stated that stree t vendors are essential workers and should be treated as such.

Fanelly Milan, Pomona Economic Opportunity Center , stated that the day laborers from Home Depot would like their c oncerns addressed and have their tickets for given.

She also proposed a workers’ center in the city.

Lynne Ware, President of the Muscupiabe Neighborhood Association, commended the police department and thanked them for working to provide public safety. She also stated that Chairman Elliott of the Public Safety Com mission wrongly a ccused her and her association of complaining about the conditions on Highland Ave. and Lincoln Ave. , but not supp orting the police department’s efforts in cleaning up th at area. She stated that she had nothing to do with this situation or the ensuing operation. She is supportive of the city’s police department.

Claudia Bautista, Deputy Director of the Pomona Ec onomic Opportunity Center, requested to follow up on the repercussions of the police enforcement event at Home Depot. She stated that the people who were fined should have their tickets forgiven and vehicles released from impound.

At this time, Deputy City Clerk Courtney Bowen read the following ADA accommodat ion public comments into the record:

Hardy Brown, Black Voice News, commented about COVID-19 continuing to harm the community. He stated that he would not be supporting the current mayor or former city attorney in the upcoming election. He stated that these two individual s have already cost the city too much money and both are divisive in their conduct with others. He also spoke in support of Item #5 , opposition of Item #7, and support of Item #11. He welcomed new directors on staff and

Tim Dorame, San Bernardino, informed that he is supporting Treasure Ortiz for Mayor in 2022. He also supports the reduction in the mayor’s salary.

APPOINTMENTS

Council Member Shorett motioned for approval of Items 3 and 4 simultaneously.

3. Charter Review Committee Appointment (Ward 1)
Recommendation
It is recommended that the Mayor and Cit y Council of the Cit y of San Bern ardino, California, approve the appointment of Mr. Casey A. Dailey to the Charter Review Committee representing Ward 1. Mr. Dailey will replace Roxanna M. Barrera with the term ending December 2022. Council Staff has verifi ed that appointee is a registered voter within the City.

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Attachment: Attachment 1 - Draft Minutes January 19, 2022 Regular Meeting (8891 : Approval of Mayor City Council Meeting Minutes) Regular Meeting Agenda January 19, 2022
Mayor and City Council of the City of San Bernardino Page 5 Printed 3/25/2022 RESULT: APPROVED APPOINTMENT OF MR. CASEY A. DAILEY TO THE CHARTER REVIEW COMMITTEE - [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

4. Animal Control Commission Appointment (Ward 1)
Recommendation
It is recommended that the Mayor and City Council of the City o f San Bernardino, California, approve the appointment of Ms. Mar ia I. Lanas to the A nimal Control Commission representing Ward 1 with the term e nding December 2022. Council Staff has verified that appointee is a registered voter within the City.

RESULT: APPROVED THE APPOINTMENT OF MS. MARIA I. LANAS TO THE ANIMAL CONTROL COMMISSION - [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

DISCUSSION

5. Ordinance to Allow Contract Approval by Minute Action (All Wards) Recommendation
Introduce, read by title only, and waive further reading of Ordinance No. MC-1569 of the Mayor and City Council of the City of San Bernardino, California, amending Section 3.04.070 of the San Bernardino Municipal Code to per mit the approval of contracts by minute action in addition to by resolution.

City Manager Field spoke about the need for approving items by minute action to increase efficiency within the city.

RESULT: INTRODUCED, READ BY TITLE ONLY, AND WAIVED FURTHER READING OF ORDINANCE NO. MC-1569 AMENDING SECTION

3.04.070 OF THE SAN BERNARDINO MUNICIPAL CODE TO

PERMIT THE APPROVAL OF CONTRACTS BY MINUTE ACTION
IN ADDITION TO BY RESOLUTION - [UNANIMOUS]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

PUBLIC HEARINGS

6. Urgency Ordinance - Development Code Amendment 21 -09 (Urban Lot Splits and Two-Unit Projects) (All Wards)

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Attachment: Attachment 1 - Draft Minutes January 19, 2022 Regular Meeting (8891 : Approval of Mayor City Council Meeting Minutes) Regular Meeting Agenda January 19, 2022
Mayor and City Council of the City of San Bernardino Page 6 Printed 3/25/2022 Recommendation
Adopt Urgency Ordinance No. MC -1570 of the Mayor and City Council of the City of San Bernardino, Ca lifornia, approving Develop ment Code Amendment 21-09 amending Chapter 19.04 (Residential Zones) of Title 19 ( Development Code) of the City of San Bernardino Municipal Code adding Section

19.04.030(2)(W) (Residential Zones Specific Standards - Urban Lot Spl its) and Section 19.04.030( 2)(X) (Residential Zones Specific Standards - Two-Unit Projects); and finding the exemption under the California Environmental Quality Act (Attachment 1).

Mayor Valdivia opened the public hearing at 8:26 PM.

Planning Manager Oliver Mujica presented a staff report on this item.

There were no public comments for this item.

Mayor Valdivia closed the public hearing at 8:47 PM.

RESULT: ADOPTED URGENCY ORDINANCE NO. MC-1570, APPROVING DEVELOPMENT CODE AMENDMENT 21-09 AMENDING
CHAPTER 19.04 (RESIDENTIAL ZONES) OF TITLE 19
(DEVELOPMENT CODE) OF THE CITY OF SAN BERNARDINO
MUNICIPAL CODE ADDING SECTION 19.04.030(2)(W)
(RESIDENTIAL ZONES SPECIFIC STANDARDS - URBAN LOT
SPLITS) AND SECTION 19.04.030(2)(X) (RESIDENTIAL ZONES
SPECIFIC STANDARDS - TWO-UNIT PROJECTS); AND FINDING

THE EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT. [5 TO 2]
MOVER: Damon Alexander, Council Member, Ward 7
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Reynoso, Calvin, Alexander
NAYS: Ibarra, Shorett

7. Ordinance Amending Chapter 2.82.10 of the San Bernardino Municipal Code, Adjusting the Salary for the Position of Mayor (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Review and consider the basis and salary data for adjusting the salary for the position of Mayor, pr ovide direction for modification or receive and file the data as presented; and

2. If decided by the City Council, introd uce, read by title only, and waive further reading of Ordinance No. MC-1571 of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 2.82.010 of the San Bernardino Municipal Code to adjust the salary of the Mayor to appropriately reflect the duties of the office following the 2016 amendment of the City Charter to an amount determined by the City Council.

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Attachment: Attachment 1 - Draft Minutes January 19, 2022 Regular Meeting (8891 : Approval of Mayor City Council Meeting Minutes) Regular Meeting Agenda January 19, 2022
Mayor and City Council of the City of San Bernardino Page 7 Printed 3/25/2022

Mayor Valdivia opened the public hearing at 8:49 PM.

City Manager Field presented a staff report regarding this item.

Council Member Reynoso made a m otion to set the salary of the Mayor at $50,000 per year, beginning with the next mayoral term. This m otion was seconded by C ouncil Member Calvin.

City Attorney Carvalho advised Council to make findings during this meeting to compare the full -time duties of the Ma yor with other C ity employees who earn a compara tive salary.

Council Member Shorett then called for the question of the vote.

At this time, Mayor Valdivia asked for public comments on this item.

Treasure Ortiz, San Bernardino, spoke in support of lowering the salary of the Mayor.

She stated that the Mayor ’s curren t salary is m ore than that of herself, a full -time lecturer with a PhD. She emphasized that this matter is not regarding the current Mayor but is for the position of the Mayor in the future.

Tom Pierce, San Bernardino, spoke in opposition of changing the salary of the Mayor.

He state d that the Mayor ’s compensation shall be commensurate with a full -time position, per the City Charter.

At this time, the three-minute individual public comment timer expired. The Mayor stated that as C hair of the meeting , he was offering Mr. Pierce 15 additional seconds of speaking time. City Attorney Carvalho clarified that the M ayor as the Chair may make that decision, but the City Council may also make a motion to end the public comment period.

Council Member Reynoso made a motion to end the public comment period and Council Member Calvin seconded the motion.

RESULT: MOTION TO END THE PUBLIC COMMENT PERIOD AT THE

EXPIRATION OF THREE MINUTES FOR SPEAKER TOM PIERCE
[Motion passed 4-3; then VETOED by Mayor Valdivia]
MOVER: Benjamin Reynoso, Council Member, Ward 5
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Reynoso, Calvin, Alexander
NOES: Ibarra, Figueroa, Shorett

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Attachment: Attachment 1 - Draft Minutes January 19, 2022 Regular Meeting (8891 : Approval of Mayor City Council Meeting Minutes) Regular Meeting Agenda January 19, 2022
Mayor and City Council of the City of San Bernardino Page 8 Printed 3/25/2022

The motion passe d with four affirmative votes and was then immediately vetoed by Mayor Va ldivia. Mr. Pierce was allowed 15 additional seconds to finish his public comment.

There were no remote public comments for this item.

The Public Hearing was closed by Mayor Valdivia at 9:34 PM.

RESULT: ADJUSTED THE SALARY OF THE MAYOR TO $50,000 PER YEAR. INTRODUCED FOR FIRST READING, READ BY TITLE

ONLY, AND WAIVED FURTHER READING OF ORDINANCE MC -
1571 ADJUSTING T HE SALARY FOR THE POSITION OF MAY OR
[5 TO 2]
MOVER: Ben Reynoso, Council Member, Ward 5
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Shorett, Reynoso, Calvin, Alexander
NAYS: Sandra Ibarra, Juan Figueroa

CONSENT CALENDAR
Items on the Co nsent Calendar are considered routin e and are voted on in a single motion, unless a Council or staff member has pulled the item for more discussion.

RESULT: APPROVED THE CONSENT CALENDAR AND PULLED ITEM NO. 9 – [UNANIMOUS]
MOVER: Fred Shorett, Ward 4
SECONDER: Damon Alexander, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None

8. Acceptance of the 2021 Emerge ncy Management Perform ance Grant (EMPG) (All Wards)
Recommendation
Adopt Resolution No. 2022 -14 of the Mayor and City Council of the City of San Bernardino, California , authorizing the acceptance of the Fiscal Year 2021 Emergency Management Performance Gra nt and increasing the Fiscal Year 2021/22 Adopted Budget grant revenue and expenditures by $31,330.

RESULT: ADOPTED RESOLUTION NO. 2022-14[UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon L Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

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Attachment: Attachment 1 - Draft Minutes January 19, 2022 Regular Meeting (8891 : Approval of Mayor City Council Meeting Minutes) Regular Meeting Agenda January 19, 2022
Mayor and City Council of the City of San Bernardino Page 9 Printed 3/25/2022

9. Construction Contract Award for Traffic Signal Upgrades (Wards 1 and 3) Recommendation
Adopt Resolution No. 2022 -01 of the Mayo r and C ity Council of the City of San Bernardino, California:

1. Approving the award of a construction contrac t with Alfaro Communication Construction Compa ny, Inc. , in the amount of $856,430 to provide the construction of traffic signal upgrades (Project);

2. Authorizing the appropriation of funds in the amount of $828,022.73 from Measure I Fund (Fund 129) to fund the Project;

3. Authorizing project construction, construction contingencies, and inspection costs in the total amount of $977,430 for construction of the traffic signal upgrades; and

4. Authorizing the City Manager or desig nee to expend the conting ency fund, if necessary, to complete the project.

This item was pulled for discussion by Council Member Reynoso. He asked questions regarding the cost of the project, which was confirmed by Interim Public Works Director Alex Qishta.

Council Member Ibarra stated that $900,000 is too much money for a traffic signal light.

She then made a substitute motion to not appro ve the item. There was no se cond to that motion.

RESULT: ADOPTED RESOLUTION No. 2022-01 [6 TO 1]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander NAYS: Sandra Ibarra

10. Notice and Call of the Primary Municipal Election to be Consolidated with the San Bernardino County Statewide Election to be Held on Tuesday, June 7 , 2022 (All Wards)
Recommendation
It is recommende d that the May or and C ity Council of the City of San Bernardino, California, take the following actions to conduct the Primary Municipal Election on June 7, 2022:

1. Adopt R esolution No. 2022 -02 calling fo r the holding of a Primary Municipal Election to b e held on Tues day June 7, 2022, for the election of certain officers as required by the provisions of the San Bernardino City Charter;

2. Adopt Resolution No. 2022 -03 Requesting the Board of Supervisors o f the County of San Bernardino consolidate a Primary Municipal Election to be held on June 7, 2022, with the Statewide Primary Election to be held on the date pursuant to 10403 of the Elections Code;

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3. Adopt Resolu tion No . 2022 -04 adopting regulations f or Candidates for elective office pertaining to candidate statements submitted to the voters at an election to be held on Tuesday, June 7, 2022.

RESULT: ADOPTED RESOLUTION NOS. 2022-02, 2022-03, AND 2022-04 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon L Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

11. Issuance of a Purchase Order to Penske Chevrolet Sales for the Purchase of Animal Service Vehicles (All Wards)
Recommendation
Adopt Resolution No. 2022-05 of the Mayor and City Council of the City of San Bernardino, Cal ifornia, to authorize the Director of Finance to issue a purchase order to Penske Chevrolet Sales in an amount not to exceed $450,000 to purchase four 2023 Ch evy Silverado 2500HD Trucks with Animal Control Bodies; and to authorize the Director of Finance to appropriate $215,000 from the General Fund to the Animal Services Motor Vehicle Expense Account to cover the additional cost of vehicle replacement.

RESULT: ADOPTED RESOLUTION NO. 2022-05 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon L Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

12. Imposing Liens to Recover Costs for Code Enforcement (All Wards) Recommendation
Adopt Resolution No. 2022 -06 of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain real property located within the City of San Bernardino of the costs of public nuisance abatements.

RESULT: ADOPTED RESOLUTION NO. 2022-06 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon L Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

13. Receive an d File San Bern ardino Municipal W ater Department's Audited Annual Comprehensive Financial Report for Fiscal Year Ended June 30, 2021 Recommendation
It is recomm ended that the Mayor a nd City Council of the City of San Bernardino, California, receive and file the San Berna rdino Municipal Wa ter Department’s

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RESULT: RECEIVED AND FILED SAN BERNARDINO MUNICIPAL WATER

DEPARTMENT'S AUDITED ANNUAL COMPREHENSIVE
FINANCIAL REPORT FOR FISCAL YEAR ENDED JUNE 30, 2021
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon L Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

14. Accept 2020 HSGP Grant (All Wards)
Recommendation
Adopt Resolution No. 2022 -08 of the Mayor and City Council of the City of San Bernardino, California, authorizing the acceptance of the Homeland Security Grant Program (HSGP) funds and increasing the Fiscal Year 2021/22 Adopted Budge t revenue and expenditures by $41,111.

RESULT: ADOPTED RESOLUTION NO. 2022-08 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon L Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

15. Memorandum of Unders tanding with Loma Lind a University Children’s Hospital (All Wards)
Recommendation
Adopt Resolution No. 2022 -09 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to enter into a Memorandum of Understanding with Loma Linda University Children’s Hospital for forensic interview services at a cost of $21,600 per year through 2024.

RESULT: ADOPTED RESOLUTION NO. 2022-09 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon L Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

16. Kaiser Grant for Operation Splash 2022-2023 (All Wards) Recommendation
Adopt Resolution No. 2022 -10 of the Ma yor and City Coun cil of the City of San Bernardino, California, ratifying the sub mission of the applicat ion for and acceptance of a grant contribution from Kaiser Permanente California Commu nity Foundation, and appropriating funds to the General Fun d for the Operation Spla sh 2022 and 2023 Summer Aquatics Program in the amount of $59,500 for Fiscal Year 2021/22, Fiscal Year 2022/23, and Fiscal Year 2023/24.

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RESULT: ADOPTED RESOLUTION NO. 2022-10 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon L Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

17. Police Patrol Vehicle Purchase (All Wards)
Recommendation
Adopt Resolution No. 2022 -11 of the Mayor and City Council of the City of San Bernardino, California, authorizing the Director of Finance to issue purchase o rders to Fairview Ford for $83,100, and West Coast Lights & Sirens for $33,100.

RESULT: ADOPTED RESOLUTION 2022-11 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon L Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

18. Resolution Declaring Intent to Conduct a Public Hearing to Order a Street Vacation for a Portion of H Street (Ward 1)
Recommendation
Adopt Resolution 2022-12 of the May or a nd City Council of the City of San Bernardino, California, declaring it s intent to conduc t a public hearing to order the vacation of H Street south of 2nd Street.

RESULT: ADOPTED RESOLUTION NO. 2022-12 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon L Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

19. November and December 2021 City Board, Commission, and Citizen Advisory Committee Approved Minutes
Recommendation
It is reco mmended that the Mayor and C ity Council of the City of San Bernardino receive and file the minutes from the City boar d, commission, and cit izen advisory committee meetings approved in December 2021.

RESULT: RECEIVED AND FILED NOVEMBER AND DECEMBER 2021 CITY

BOARD, COMMISSION, AND CITIZEN ADVISORY COMMITTEE
APPROVED MINUTES [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon L Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

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20. Resolution Approving Applications for Clean Califo rnia Local Grant Program (All Wards)
Recommendation
Adopt Resolution No. 2022 -07 of the Mayor and Cit y Council of the City of San Bernardino, California, approving the submission of a pplications for the Cl ean California Local Grant Program.

RESULT: ADOPTED RESOLUTION NO. 2022-07 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon L Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS

21. Ethics Training for All City Employees (All Wards) (Council Member Alexander)
RESULT: THE CITY COUNCIL APPROVED BRINGING THIS ITEM BACK FOR CONSIDERATION AT A FUTURE MEETING [UNANIMOUS]
MOVER: Ben Reynoso, Council Member, Ward 5
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

ADJOURNMENT
The meeting was adjourned by Mayor Valdivia at 9:45 PM.

The next joint regular meeting of the M ayor and City Coun cil and the Mayor and City Council Acting as t he Successor Agency to the Redeve lopment Agency will be held on Wednesday, February 2, 2022 at the Feldheym Central Library located at 555 W. 6 th St., San Bernardino, California 92401. Cl osed Session will begin at 5:30 p.m. and Open Session will begin at 7 :00 p.m.

By:_________________________
Genoveva Rocha, CMC

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City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org

DRAFT MINUTES

FOR THE

REGULAR MEETING OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS

THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN

BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND

CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY

COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING

AUTHORITY

WEDNESDAY, FEBRUARY 2, 2022
5:30 PM

The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:30 PM by Mayor Pro-Tem Figueroa on Wednesday, February 2, 2022, at Feldheym Central Library, San Bernardino, CA.

CALL TO ORDER

Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Mayor Pro-Tem, Ward 3 Present
Fred Shorett Council Member, Ward 4 Present 5:31 PM
Ben Reynoso Council Member, Ward 5 Present 5:41 PM
Kimberly Calvin Council Member, Ward 6 Present
Damon L Alexander Council Member, Ward 7 Present
John Valdivia Mayor Absent
Edelia Eveland Assistant City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present

Mayor John Valdivia
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander

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CLOSED SESSION PUBLIC COMMENT
Treasure Ortiz, San Bernardino, asked the City Council to vote against the request made by the Mayor for defense in his pending legal cases.

At this time, City Clerk Genoveva Rocha read the following written ADA accommodation public comment aloud into the record:

Tim Dorame, San Bernardino, requested that the City Council vote against paying the Mayor’s legal fees.

CLOSED SESSION

A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): One Item.

a. Request from Mayor John V aldivia d ated Dec ember 8, 2021 (delivered electronically December 9, 2021) requesting defense in the following cases:

Jackie Aboud v. John Valdivia, et al., Case No. CIVDS2013562; Karen Cervantes v. Jo hn Valdivia, e t al., Case No. CIVDS2012538; Mirna Cisne ros v.

John Valdivia, et al., Court Case No. CIVDS2012926; Donald Smith v. John Valdivia, et al., Case No. CIVSB2025375; and Matthew Brown v. City of San Bernardino, Case No. CIVSB2025900

B. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6):

Agency Designated Representative: City Manager
Employee Organizations: San Bernardino Confidential Management Association (Office of the City Manager)

The Regular Meeting was called to order at 7:19 p.m.

INVOCATION AND PLEDGE OF ALLEGIANCE
Father Leonard D. Depasquale from St. Bernardine Catholic Church le d the invocation and Pledge of Allegiance to the Flag.

CLOSED SESSION REPORT
City Attorney Sonia Carvalho stated there was no re portable actio n from Closed Session.

CITY MANAGER UPDATE
At this time, Assistant City Manager Edelia Eveland presented a PowerPoint with updates including City activities celebrating Black History Month, the opening of Crestview Terrace apartment homes, new employee announcements, Public Works projects, and free COVID testing events. Ms. Eveland also shared a “City of San Bernardino 2021 Year in Review” video with the Mayor and City Council.

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MAYOR & CITY COUNCIL UPDATES & CONFERENCES/MEETINGS ATTENDED At this time, the City Cou ncil and Mayor Pro-Tem provided updates to the community .

Highlights included congratulations to C ouncil Members Calvin and Alexander being named to the S outhern California Association of Governments (SCAG) Housing Policy Leadership Academy, Neighborhood Asso ciation meetings, and “thank yous” to City staff.

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Treasure Ortiz , San Bernard ino, stated t hat th e Oxbow project needs to be addressed. She also said that the resi dents of the Ci ty should be able to c ome to the Mayor and City Council to get things done.

Anel Ortega, San Bernard ino, requested that the Mayor and City Council t ake action to restrict trucks from driving on Kendall Driv e between Palm Avenue and University Avenue. She lives in this area and her house vibrates and rattles when trucks drive by.

Jim Penman, San Bernardino, spoke ag ainst eliminating the elected position of Mayor. He stated that a Ch arter am endment making this change would be too expensive, and also that citizens deserve the right to vote.

Frank Audi, San Bernardin o, requested the Mayor and City Council ’s assistance with his work truck being towed from his condominium complex.

Claudia Bautista, Deputy Director of the Pomona Economic Opportunity Center, spoke about the Nove mber 2, 2021 day laborer enforcement at H ighland Ave. and Lincoln St.. She requested that City leaders meet with her organization to discuss long- term solutions.

Fanelly Milan , Community Organizer with the Pomona Economic Opportunity Center, requested th at the police department dismiss the tickets and fines from the November 2, 2021 raid at Highland Ave. and Lincoln St.

Jesus Ontiveros, San Bernardino, spoke in Spanish regarding the November 2, 2021 police raid. He asked the Mayor and C ity Council to re fund the citations paid and release all of the vehicles that were impounded.. Asking for your support. (His comment was interpreted into English by Fanelly Milan

Marisol Alvarez, San Bernardino , spoke about the state of t he City. S he stated that the conditions of San Bernardino are far worse than neighboring cities.

Mrs. Negrete, San Bernardino, asked to br ing attention to the property on Arden St. and Highland Ave. This is a City-owned property full of w eeds, trash, and homeless.

She asked when the ne w Chief of Police would be appointed , creating a contract with Burrtec for trash remo val, and the condition of the cement grinding being done at various places in the City.

Joseph Mora , San Bernardino, expressed concern for signal lights in the city becoming danger ous and possibl y leading to an accident . He would like the lights

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At this time, the following remote speakers were heard via Zoom:

Terry Boykins, Project Fighting Chance, asked to bring attention to his organization’s diversion program to help troubled youth by getting them in volved in boxing training. He invited the Mayor and City Council and the public to visit Project Fighting Chance.

Nataly Bautista, Organizer with the Pomona Eco nomic Opportunity Center, spoke about the day laborers in San Bernardino, and asked for pardoning and reimbursement for tickets and vehicle impounds. S he would the City to work with her or ganization on a long-term solution.

Following the remote speakers, City Clerk Genoveva Rocha read the following written ADA accommodation public comment aloud into the record:

Tim Dorame, San Bernardino, commented in support of eliminating the elected position of Mayor. He asked for a “yes” vote on Item No. 5.

APPOINTMENTS
Mayor Pro-Tem Figueroa asked the City Council for a motion to combine Item Nos. 2 and 3, and vote on them simultaneously. Council Member Shorett made the motion, and it was seconded by Council Member Alexander.

2. Arts and Historical Preservation Commission Appointment (Mayor’s Appointment)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Alfredo Quirarte to the Arts and Historical Preservation Commission representing the Mayor. Mr. Quirarte will replace Michael A. Lara with the term ending December 2022. Council Staff has verifie d that the appointee is a registered voter within the City.

RESULT: APPROVED THE APPOINTMENT OF MR. ALFREDO QUIRARTE

TO THE ARTS AND HISTORICAL PRESERVATION COMMISSION
[5 TO 0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon L Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Alexander
ABSTAIN: Reynoso, Calvin

3. Parks, Recreation and Community Services Commission Appointment (Mayor’s Appointment)
Recommendation
It is rec ommended that the Mayor and City Council of the City of San Be rnardino, California, approve the appointment of Mr. Alfredo Quirarte to the Parks, Recreation

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Mayor and City Council of the City of San Bernardino Page 5 Printed 3/30/2022 and Community Services Commission representing the Mayor. Mr. Quirarte will replace Richard P. Avil a with the term ending December 2022. Council Staff has verified that the appointee is a registered voter within the City.

RESULT: APPROVED THE APPOINTMENT OF MR. ALFREDO QUIRARTE

TO THE PARKS, RECREATION AND COMMUNITY SERVICES
COMMISSION [5 TO 0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon L Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Alexander
ABSTAIN: Reynoso, Calvin

DISCUSSION

4. Mayor, City Council, and Candidate Residency Policy (All Wards) Recommendation
Adopt Resolution No. 2022 -24 of the Mayor and City Council of the City of San Bernardino, California, establishing the City of San Ber nardino Residency Policy for Municipal Elections Candidates and Elected Officials.

City Clerk Genoveva Rocha presented a staff report on this item.

Council Member Ibarra asked questions regarding the types of proof of residency documents that can be provided. Council Member F igueroa expressed that he felt that this policy might exclude some home renters within the City, because they would not be able to pr ovide the required proof of residency. City C lerk Rocha clarified that there were several choices of documents within the policy that could be provided as proof of residency.

RESULT: ADOPTED RESOLUTION NO. 2022-24 [6 TO 1]
MOVER: Sandra Ibarra, Council Member, Ward 2
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander NAYS: Figueroa

5. Charter Amendment to Eliminate the Elected At-Large Mayor (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Review and consider placement of a charter amendment to eliminate the position of the elected at-large Mayor on the ballot for the June 7, 2022, primary election;

And, if Council wishes:

2. Adopt Resolution No. 2022 -25 of the Mayor and City Council of the City of San

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Mayor and City Council of the City of San Bernardino Page 6 Printed 3/30/2022 Bernardino, California, submitting to the q ualified voters of the City a proposed amendment to the City Charter to eliminate the office of the elected at -large Mayor and replace it with a Mayor appointed on an annual basis from among the seven elected council members at a primary municipal election to be consolidated wi th the Statewide P rimary Election to be held on June 7, 2022; directing the City Attorney to prepare an impartial analysis of the proposed charter amendment; and providing for the filing of primary and rebuttal arguments and setting r ules for the filing of written arguments regarding the propos ed Charter amendment.

Assistant City Manager Edelia Eveland presented a staff report on this item.

Members of the City Council discussed the pros and cons of approving this resolution and eliminating the office of the at-large Mayor.

RESULT: ADOPTED RESOLUTION NO. 2022-25 [4 TO 2]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Figueroa, Shorett, Calvin
NAYS: Ibarra, Alexander
ABSTAIN: Reynoso

6. Assignment of American Rescue Plan Funds (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1) Adopt Resolution No. 2022 -26 assigning, from Amer ican Rescue Plan (ARP) funds held in reserve:
a. $9,000,000 to the Seccombe Lake Park Project in lieu of future grant funding, b. $8,850,000 to the Nicholson Park Project in lieu of future grant funding, c. $4,000,000 to the Small Bus iness and Non-Profit Assistance Grant Program, and
d. $1,200,000 for renovation of the Roosevelt Bowl, and the conversion of the disused parking lot in Lytle Creek Park to a soccer field;

2) Authorize the Finance Director to amend the FY 2021/22 Operatin g and Cap ital Budget by $23,050,000; and

3) Direct the City Mana ger to continue to pursue grant opportu nities for the Seccombe Lake Park renovation project and the Nicholson Park renovation project, and if grant funds become available before the deadline for the commitment o f ARP funds, authorize the Finance D irector t o reassign back to reserves for realloc ation by Council the ARP funds herein assigned for Seccombe Lake or Nicholson Park in lieu of grant funds the equivalent amount of any grants received.

Director of Finance Barbara Whitehorn presented a staff report for this item.

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Council Member Alexander clarified that the amounts for the individual Small Business and Non-Profit Assistance Grants should be a minimum of $1 0,000 each, rather than the $5,000 listed in the st aff report. Director Whitehorn stated that she would adjust that amount.

Council M ember Reynoso asked that $5,000,000 total be allocated to the Small Business and Non-Profit Assistance Grant Program instead of the staff recommendation of $4,000,000, with the additional $1,000,000 allotted for an educational resource center for small business owners.

Council Member Sanchez asked that staff also bring back application guidelines for the small business microgrant applications at the Ma yor and C ity Council Meeting in April 2022.

Council Member Alexander made a motion to approve Resolution 2022-26 and increase the total funds allotted for the Small Business and Non-Profit Assistance Grant Program from $4,000,000 to $5,000,000, with $1,000,000 being allocated to an educational resource center for small business owners.

RESULT: ADOPTED RESOLUTION 2022-26 ASSIGNING, FROM AMERICAN RESCUE PLAN (ARP) FUNDS HELD IN RESERVE: $9,000,000 TO

THE SECCOMBE LAKE PARK PROJECT IN LIEU OF FUTURE
GRANT FUNDING, $8,850,000 TO THE NICHOLSON PARK
PROJECT IN LIEU OF FUTURE GRANT FUNDING, $4,000,000 TO

THE SMALL BUSINESS AND NON-PROFIT ASSISTANCE GRANT
PROGRAM, AND $1,200,000 FOR RENOVATION OF THE

ROOSEVELT BOWL, AND THE CONVERSION OF THE DISUSED
PARKING LOT IN LYTLE CREEK PARK TO A SOCCER FIELD;

AND INCREASE THE TOTAL FUNDS ALLOTTED FOR THE

SMALL BUSINESS AND NON-PROFIT ASSISTANCE GRANT
PROGRAM FROM $4,000,000 TO $5,000,000, WITH $1,000,000

BEING ALLOCATED TO AN EDUCATIONAL RESOURCE CENTER
[UNANIMOUS]
MOVER: Damon L Alexander, Council Member, Ward 7
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

7. Ordinance Restricting the Duration of Interim or Acting Director Positions (All Wards)
Recommendation
Introduce, read by title only, and waive further reading of Ordinance MC-1572 of the Mayor a nd City Council of the City of San Bernardino, Califor nia, adding Section

2.04.04 to Chapter 2.04 of Title 2 of the City of San Bernardino Municipal Code restricting the duration of Interim or Interim Director positions to six months.

Council Mem ber Reynoso made a motion to approve the item. The motion was seconded by Council Member Calvin.

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Mayor and City Council of the City of San Bernardino Page 8 Printed 3/30/2022 Council Member Sanchez introduced a substitute motion to reject the item , which was seconded by Council Member Shorett.

Council Member Ibarra made an alternate substitute motion to re duce the duration of positions from six months to three months. There was no second to the motion.

The vote was then taken for Council Member Sanchez’ substitute motion.

RESULT: MOTION TO DENY THE ITEM AND NOT ADOPT ORDINANCE MC- 1572 - PASSED [4 TO 3]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett
NAYS: Reynoso, Calvin, Alexander

CONSENT CALENDAR
Items on the Consent Calendar are considered routine and are voted on in a single motion, unless a Council or staff member has pulled the item for more discussion.

RESULT: APPROVED THE CONSENT CALENDAR AND PULLED ITEM NO S. 15, 17, and 20 – [UNANIMOUS]
MOVER: Fred Shorett, Ward 4
SECONDER: Kimberly Calvin, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

8. Final Reading of Ordinance Amending Chapter 2.82.10 of th e San Bernardino Municipal Code, Adjusting the Salary for the Position of Mayor (All Wards) Recommendation
Adopt O rdinance No. MC -1571 of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 2.82.010 of the San Bernardino Municipal Code to adjust the salary of the Mayor to $50,000 annually to appropriately reflect the duties of the office following the 2016 amendment of the City Charter.

RESULT: ADOPTED ORDINANCE NO. MC-1571 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

9. Final Reading of Ordinance Allowing Contract Approval by Minute Action (All Wards)
Recommendation
Adopt Ordinance No. MC -1569 of the Mayor and City Council of the City of San Bernardino, California, amending Section 3.04.070 of the San Bernardino Municipal Code to permit the approval of contracts by minute action in addition to by resolution.

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Mayor and City Council of the City of San Bernardino Page 9 Printed 3/30/2022 RESULT: ADOPTED ORDINANCE NO. MC-1569 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

10. Approval of Commercial and Payroll Disbursements (All Wards) Recommendation
It is recommended that the Mayor and City Co uncil of the City of San Bernardino, California approve the commercial and payroll disbursements for December 2021.

RESULT: APPROVED COMMERCIAL AND PAYROLL DISBURSEMENTS
FOR DECEMBER 2021 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

11. Investment Portfolio Report for November 2021 (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, ac cept and file t he Monthly I nvestment Portfoli o Repor t for November 2021.

RESULT: RECEIVED AND FILED MONTHLY INVESTMENT PORTFOLIO REPORT FOR NOVEMBER 2021 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

12. Police Dispatch Employees Memorandum of Understanding (All Wards)

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Attachment: Attachment 2 - Draft Minutes February 2, 2022 Regular Meeting (8891 : Approval of Mayor City Council Meeting Minutes) Regular Meeting Agenda February 2, 2022
Mayor and City Council of the City of San Bernardino Page 10 Printed 3/30/2022 Recommendation
Adopt Resolution No. 2022 -13 of the Mayor and City Council of the City of San Bernardino, California, approving the Police D ispatch Employees Memorandum of Understanding (MOU), Job D escriptions, and Updating the City -wide Salary Schedule.

RESULT: ADOPTED RESOLUTION NO. 2022-13 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

13. Amendment to Lawrence Beach Allen & Choi Legal Serv ice Agree ment (All Wards)
Recommendation
Adopt Resolution No. 2022 -23 of the Mayor and City Council of the City of San Bernardino, California, au thorizing the City Manager to execute the First Amendment to Le gal Services Agreement with Lawrence Beach Allen & Choi (LBAC) for r epresentation in the United States District Court Case No. 5:20 -CV- 1189-KK.

RESULT: ADOPTED RESOLUTION NO. 2022-23 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

14. Accept FY 2019 Homeland Security Grant (All Wards)
Recommendation
Adopt Resolution No. 2022-27 of the Mayor and City Council of the City of San Bernardino, California, aut horizing the acceptance of the FY2019 Homeland Security G rant Program (HSGP) funds and increasing the FY2021/2022 Adopted Budget revenue and expenditures by $38,247.

RESULT: ADOPTED RESOLUTION NO. 2022-27 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

15. Amendment No . 4 to Agree ment with Engineer ing Res ources of Southern California (Ward 6)
Recommendation
Adopt Resolution No. 2022 -15 of the Mayor and Ci ty Council of the City of San Bernardino, California, approving Amendment No. 4 to the Professional Engineering Services Agreement with Engineering Resources of Southern California (ERSC) for design services related to the 40 th Street widening from Johnson Street to Electric Avenue; and authorizing the City Manager, or designee, to execute all documents in

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Mayor and City Council of the City of San Bernardino Page 11 Printed 3/30/2022 support of the amendment.

Interim Public Wo rks Director Alex Qis hta clarified that this item i mpacts Ward 4, not Ward 6 as stated.

Council Member Reynoso pulled this item for discussion. He asked why the project has taken so l ong. Mr. Qishta confirmed that there has only been a time extension due to property acquisition and imminent domain procedures; there has not been an increase in cost.

RESULT: ADOPTED RESOLUTION NO. 2022-15 [6 TO 0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSTAIN: Reynoso

16. Amendment No. 1 to Agreement with EC&AM Associates, Inc. DBA GK and Associates (All Wards)
Recommendation
Adopt Resolution No. 2022 -16 of the Ma yor and City Co uncil of the City of San Bernardino, California, authorizing the e xecution of Amendment No. 1 to the Professional Services Agreement with EC&AM Associates, Inc., dba GK and Associates, extending the contract term to December 31, 2022 , and increasing the total contract amount to $300,000.

RESULT: ADOPTED RESOLUTION NO. 2022-16 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

17. Amendment No. 1 to Agreement with Advanced A pplied Engineering, Inc., DBA Infrastructure Engineers (All Wards)
Recommendation
Adopt Resolution No. 2022 -17 of the Mayor and City Council of the City of San Bernardino, California, authorizing the e xecution of Ame ndment No. 1 to the Professional Serv ices Agreement with Advanced Applied Engineering, I nc. dba Infrastructure Engineers extending the contract term to December 31, 2022 , and increasing the total contract amount to $300,000.

Council Member Reynoso pulled this item fo r discus sion. He asked Mr . Qish ta what services this company provides to the C ity. Mr. Qishta confirmed that they perform inspection services for various special Public Works projects.

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Attachment: Attachment 2 - Draft Minutes February 2, 2022 Regular Meeting (8891 : Approval of Mayor City Council Meeting Minutes) Regular Meeting Agenda February 2, 2022
Mayor and City Council of the City of San Bernardino Page 12 Printed 3/30/2022 RESULT: ADOPTED [6 TO 0]
MOVER: Ben Reynoso, Council Member, Ward 5
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander AWAY: Sandra Ibarra

18. First Amendment to the PSA with Kabbara Engineering (Wards 3, 6) Recommendation
Adopt Resolution N o. 2022 -18 of t he Mayor and City Council of t he City of San Bernardino, California:

1. Approving the Fi rst Amendment to the Professional Services Agreement with Kabbara Engineering for Pepper Avenue Rehabilitation Capital Improvement Plan (CIP) Project;

2. Approving the appropriation of funds in the amount of $6,120 from the Me asure I Fund to Pepper Avenue Rehabilitation CIP Project; and

3. Approving an increase to Purchase Order No. 2021 -792 in the amount of $6,120 for a total amount of $241,031.

RESULT: ADOPTED RESOLUTION NO. 2022-18 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

19. Resolution Declaring Intent to Annex Terri tory: Community Facilities District No. 2019 -1 (Ma intenance Services): Annexation No. 13, Tax Zone No. 14 (Magic Wash) (Ward 3)
Recommendation
Adopt Resolution No. 2022 -22 of the Mayor and City Council of the City of San Bernardino, California, declaring i ts intention to annex terri tory into Communit y Facilities District No. 2019 -1 (Maintenance Services) of the City of San Be rnardino, adopting a map of the area to be proposed (Annexation No. 13) and authorizing the levy of a special taxes therein.

RESULT: ADOPTED RESOLUTION NO. 2022-22 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

20. Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) (All Wards)
Recommendation
Adopt Resolution No. 2 022-19 of the Mayor and City Council of the City of San

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Mayor and City Council of the City of San Bernardino Page 13 Printed 3/30/2022 Bernardino, California:

1. Authorizing the Director of Finance to amend the FY 2021/22 Capital Improvement Plan, recording a s upplemental app ropriation i n the amount of $1,500,000 in SB-1 Fund for Citywide Pavement Rehabilitation (SB1) Project;

2. Approving the award of a Construction Contract with All American Asphalt, Inc. , in the amount of $4,738,119 to provide Citywide Pavement Rehabilitation (SB-1);

3. Authorizing project construction, construction contingencies and inspection costs in th e total a mount of $5,50 0,000 fo r Citywide Pavement Rehabilitation (SB1) Project (CIP SS-22-001); and

4. Authorizing the City Manager o r designee to e xpend the co ntingency fund, if necessary, to complete the project.

Council Member Sanchez recused himself from this item because he lives near one of the projects.

RESULT: ADOPTED RESOLUTION 2022-19 [5 TO 0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 6
AYES: Figueroa, Shorett, Reynoso, Calvin, Alexander
AWAY: Sandra Ibarra
RECUSED: Theodore Sanchez

21. Irrevocable Agreement to Annexation No. 2022-368 (Ward 6) Recommendation
Adopt Resolution No. 2022-20 of the Mayor and C ity Council of the City o f San Bernardino, California, approving the ap plication to the Local Agency Formation Commission to provide City sewer services to a property within unincorporated territory located at 19472 Cajon Bouleva rd (A PN 0262 -021-09 and 13) and authorizing the City Manager to execute an Irrevocable Agreement to Annex.

RESULT: ADOPTED RESOLUTION 2022-20 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

22. Resolution Declaring Intent to Annex Territory: Comm unity Facilities District No. 2019-1 (Maintenance Services): Annexation No. 11, Tax Zone No. 12 (1435 W. (Ward 3)
Recommendation
Adopt Re solution No. 20 22-21 of t he Mayor and City Co uncil o f the City of San Bernardino, California, declaring its intention to ann ex territory into Community Facilities District No. 2019 -1 (Maintenance Services) of the City of San Bernardino,

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Attachment: Attachment 2 - Draft Minutes February 2, 2022 Regular Meeting (8891 : Approval of Mayor City Council Meeting Minutes) Regular Meeting Agenda February 2, 2022
Mayor and City Council of the City of San Bernardino Page 14 Printed 3/30/2022 adopting a map of the area to be proposed (Annexation No. 11) and authorizing the levy of a special taxes therein.

RESULT: ADOPTED RESOLUTION 2022-21 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS

23. Contract with Placeworks, Separate from the Ge neral Plan, to Complete the Restricted Truck Routes Within a One -Year Time Fram e. (All Wards) (Council Member Reynoso)
RESULT: APPROVED TO BRING BACK FOR FUTURE CONSIDERATION,

CONTRACT WITH PLACEWORKS, SEPARATE FROM THE

GENERAL PLAN, TO COMPLETE THE RESTRICTED TRUCK

ROUTES WITHIN A ONE-YEAR TIME FRAME
MOVER: Damon Alexander, Council Member, Ward 7
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Figueroa, Shorett, Reynoso, Calvin, Alexander
NOES: Sanchez
AWAY: Ibarra

ADJOURNMENT
The meeting of the Mayor and City Council adjourned at 9:54 PM on Wednesday, February 2, 2022.

The next joint regular meeting of the Ma yor and City Co uncil and th e Mayor and City Council Acting as the Successor Agency to the Redevelop ment Agency will be held on Wednesday, February 16, 2022 in the Council Chamber located at the Feldheym Central Library, 555 W. 6th St., San Bernardino, California 92401. Closed Session will begin at 5: 30 p.m. and Open Session will begin at 7:00 p.m.

By:_________________________
Genoveva Rocha, CMC

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Consent Calendar

City of San Bernardino
Request for Council Action

Date: April 6, 2022

To: Honorable Mayor and City Council Members

From: Robert D. Field, City Manager

Subject: VIP Contract Amendments (All Wards)

Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to amend Professional Services Agreements with Hope Culture and Young Visionaries Youth Leadership Academy by increasing the amount of each agreement by $250,000, for a total of $500,000 of American Rescue Plan Act funds.

Background
October 6, 2021, the Mayor and City Council voted and approved a motion to allocate One Million dollars of American Rescue Plan Act funds to the Violence Inter vention Program (VIP) and authorized the City to release a Request for Proposals to secure three additional vendors to provide supportive services.

Program Summary
The City’s comprehensive plan stems from the United States Department of Justice, Office o f Juvenile Justice & Delinquency Prevention Comprehensive Violence Reduction Strategy and it is rooted in Public Health research which found that there are ten root conditions that cause and drive community violence, five elements to treat root conditions, and four guiding principles to create and sustain a comprehensive violence reduction strategy.

The Violence Intervention Program’s Goals & Objectives:

• Reduce gang-related gun violence by 5%
• Reduce recidivism among program participants by 15%
• Convene 50 service coordination meetings
• Weekly home visits to gun violence victims
• Implement 4 structured proactive peace keeping events per year • Provide supportive services to 150 individuals per year

Program Update
• At the end of 2021, the City ex perienced a year -to-date 40% reduction in group related homicides. The City ended 2020 with 47 gang related homicides and ended 2021 with 28 group related homicides. The City's three -year average for 10 Packet Pg. 173
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group related homicides is down 16%, however, three -year average for group related nonfatal shootings is up 5%.
• Regarding overall homicides, the City experienced a year to date 7% reduction (2020 vs 2021) but the City's three-year average for overall homicides is up 7%. • Provided Supportive Services to 159 , 444 total since the beginning of the program. Over eighty percent of program participants remain arrest free and have not become a victim of gun violence. The other twenty percent dropped out of the program without notice.
• Convened 23 service coordination meetings.
• Home Visits to 169 dwellings via hot-spot outreach and service coordination. • Implemented 5 proactive community engagement events throughout the City.

Discussion
On October 6, 2021, the Mayor and City Council authorized the City Manager to prepare and release a Request for Proposals to secure three new additional vendors to provide violence intervention services. Because the proposals received were either incomplete or vendors did not qualify, those bids were rejected. The City re -opened the Violence Intervention Program Request for Proposals via Planet Bids on March 1, 2022 and it will remain open until May 5, 2022 , as an effort to honor the Mayor and City Council’s request to seek additional contractors with the remaining $500,000.

In consideration of proposal submissions and the latest federal uniform guidelines for the American Rescue Plan Act fund , which states Cities can use ARPA funding to increase capacity with existing service providers, staff recommend amending the existing Prof essional Service Agreements with Hope Culture and Young Visionaries Youth Leadership Academy by increasing their budgets by $250,000 each, for a total of $500,000 of the $1,000,000 allocated to the Violence Intervention Program.

2021-2025 Key Strategic Targets and Goals
Increase funding for the Community Intervention Program aligns with Key Target No. 3:

Improved Quality of Life . Having more hybrid professionals such as Street Outreach Workers and Case Managers increases the program’s ability to reach mo re residents impacted by violence.

Fiscal Impact

FINANCIAL
DATA
Current Fiscal Year: Next Fiscal Year: Total Cost: Ongoing Cost COST $ 500,000 $ 500,000 $ 1,000,000 $1,000,000

GENERAL FUND
SHARE
$ 0 $ 0 $ 0 $ 0
SOURCE OF FUNDS: American Rescue Plan Act Budget Adjustment: Yes For Fiscal Year: 22-23 & 23-24

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to amend Professional Services Agreements w ith 10 Packet Pg. 174
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Hope Culture and Young Visionaries Youth Leadership Academy by increasing the amount of each agreement to $250,000, for a total of $500,000 of American Rescue Plan Act funds.

Attachments
Attachment 1 Third Amendment - Hope Culture
Attachment 2 Third Amendment - Young Visionaries
Attachment 3 Original Professional Services Agreement - Hope Culture Attachment 4 Original Professional Services Agreement - Young Visionaries
Attachment 5 First & Second Amendment - Hope Culture
Attachment 6 First & Second Amendment - Young
Visionaries

Ward: All

Synopsis of Previous Council Actions: :

February 21, 2018 The Mayor and City Council adopted Resolution No. 2018 -39, authorizing the City Manager to receive and administer Board of State & Community Correction grant funds.

December 5, 2018 The Mayor and City Council approved community intervention professional service agreements.

January 15, 2020 The Mayor and City Council adopted Resolution No. 2020 -03 authorizing the City Manager to prepare and submit funding proposal.

June 2, 2020 The Mayor and City Council approved first amendments to community intervention program contractors.

October 21, 2020 The Mayor and City Council adopted Resolution No. 2020 -251 authorizing the City Manager to recei ve and administer Board of State & Community Correction grant funds. The Mayor and City Council also adopted resolution no. 2020 -252 approving second budget amendments to community intervention professional service agreements.

October 6, 2021 The Mayor and City Council voted and approved motion to allocate One Million Dollars of American Rescue Plan Act funds and release a request for proposals to secure three additional vendors. 10 Packet Pg. 175
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THIRD AMENDMENT TO

AGREEMENT FOR PROFESSIONAL SERVICES

WITH VICTORY OUTREACH SAN BERNARDINO

This Third Amendment to the Agreement for Professional Services is made and entered into as of April 6, 2022 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Victory Outreach San Bernardino, a California non-profit corporation d/b/a HOPE Culture , Inc. (“Consultant”).

City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement, dated November 15, 2018, for the purpose of providing services for the San Bernardino Violence Intervention Program (the “Original Agreement”).

B. WHEREAS, the City and the Consultant have entered into the First Amendment to the Original Agreement, dated July 15, 2020, for the purpose of extending the term of and increasing the not-to-exceed amount of the Original Agreement.

C. WHEREAS, the City and Consultant have entered i nto a Second Amendment to the Original Agreement, dated October 29, 2020 for the purpose of extending the term of and increasing the not-to-exceed amount of the Original Agreement.

D. WHEREAS, the Parties now desire to amend t he Original Agreement in order to include additional funds for the continued performance of the services in accordance with the compensation provisions of the Original Agreement.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in the this Third Amendment and the Original Agreement, the Parties mutually agree as follows:

AGREEMENT

1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.

2. Compensation. The compensation for services performed pursuant to this Third Amendment shall not exceed Two Hundred Fifty Thousand Dollars ($250,000), thereby increasing the total not to exceed compensation of the Original Agreement to the amount of One Million Three Hundred Eighty Thousand Dollars ($1,380,000). Work shall be performed at the rates set forth in the Original Agreement.

3. Full Force. Except as amended by this Third Amendment , all provisions of the Original Agreement as previously amended, including without limitation the indemnity

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and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Third Amendment .

4. Electronic Transmission. A manually signed copy of this Third Amendment which is transmitted by facsimile, email or other means o f electronic transmission shall be deemed to have the same legal effect as delivery of an original execu ted copy of this Third Amendment for all purposes. This Third Amendment may be signed using an electronic signature.

5. Counterparts. This Third Amendment may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR

THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT

WITH VICTORY OUTREACH SAN BERNARDINO

IN WITNESS WHEREOF, the Parties hereto have executed this Third Amendment on the Effective Date first herein above written.

CITY OF SAN BERNARDINO
APPROVED BY:

Robert D. Field,
City Manager

APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT

VICTORY OUTREACH SAN
BERNARDINO d/b/a HOPE CULTURE ,
INC.

Signature

Name

Title

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THIRD AMENDMENT TO

AGREEMENT FOR PROFESSIONAL

WITH YOUNG VISIONARIES YOUTH LEADERSHIP ACADEMY

This Third Amendment to the Agreement for Professional Services is made and entered into as of April 6, 2022 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Young Visionaries Youth Leadership Academy , a California non -profit corporation (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement, dated November 14, 2018, for the purpose of providing services for the San Bernardino Violence Intervention Program (the “Original Agreement”).

B. WHEREAS, the City and the Consultant have entered into a First Amendment to the Original Agreement, dated July 16, 2020, for the purpose of extending the term of and increasing the not-to-exceed amount of the Original Agreement.

C. WHEREAS, The City and Consultant have entered into a Second Amendment to the Original Agreement, dated October 30, 2020, for the purpose of extending the term of and increasing the not-to-exceed amount of the Original Agreement.

AGREEMENT

1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.

2. Compensation. The compensation for services performed pursuant to this Third Amendment shall not exceed Two Hundred Fifty Thousand Dollars ($250,000), thereby increasing the total not to exceed compensation of the Original Agreement to the amount of Nine Hundred Fifty Thousand Dollars ($950,000). Work shall be performed at the rates set forth in the Original Agreement.

3. Full Force. Except as amended by this Third Amendment, all provisions of the Original Agreement, as previously amended, including without limitation the indemnity

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and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Third Amendment.

4. Electronic Transmission. A manually signed copy of this Third Amendment which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Third Amendment for all purposes. This Third Amendment may be signed using an electronic signature.

5. Counterparts. This Third Amendment may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR

THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT

WITH YOUNG VISIONARIES YOUTH LEADERSHIP ACADEMY

IN WITNESS WHEREOF, the Parties hereto have executed this Third Amendment on the Effective Date first herein above written.

CITY OF SAN BERNARDINO
APPROVED BY:

Robert D. Field,
City Manager

APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT

YOUNG VISIONARIES YOUTH

LEADERSHIP ACADEMY

Signature

Name

Title

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Attachment: Attachment 4 - Original Professional Services Agreement - Young Visionaries Youth Leadership Academy (8858 : VIP Contract

10.e
Packet Pg. 220
Attachment: Attachment 5 - First and Second Amendments -Young Visionaries (8858 : VIP Contract Amendments (All Wards))

10.e
Packet Pg. 221
Attachment: Attachment 5 - First and Second Amendments -Young Visionaries (8858 : VIP Contract Amendments (All Wards))

10.f
Packet Pg. 222
Attachment: Attachment 6 - First and Second Amendments - Hope Culture (8858 : VIP Contract Amendments (All Wards))

10.f
Packet Pg. 223
Attachment: Attachment 6 - First and Second Amendments - Hope Culture (8858 : VIP Contract Amendments (All Wards))

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Mayor and City CouncilApril 6, 2022

Mayor and City Council
April 6, 2022